Case law page 9 of 142

1414 articles are classified in All Articles > Termination of employment > Case law


Sacked train driver acted in self-defence: FWC

The FWC has reinstated a train driver sacked for kicking and grappling with a stranger on a station concourse while on his way to work, after finding the employer failed to properly weigh his right to defend himself from attack.

Employer slugged $53K after ignoring FWC "recommendation"

In a powerful demonstration of the consequences of ignoring FWC recommendations, a court has ordered an employer to pay more than $50,000 in penalties and compensation after it failed to act on a commissioner's call to provide a teacher with details of an investigation before sacking her for allegedly tugging the earlobes of two students.

Reverend sacked over gay marriage stance not an employee: FWC

A Uniting Church reverend who received monthly payslips, superannuation contributions and Jobkeeper COVID-19 payments was not an employee capable of challenging his sacking for opposing same-s-x marriage, the FWC has found.

Gay worker not sacked for requesting parental leave: Court

A judge has rejected a sales director's claim that his employer sacked him within hours of him telling his manager he intended to take unpaid parental leave on the birth of his two surrogate children.


Sacked rail worker's "ambitious" appeal off track: Bench

A FWC full bench has acknowledged a railway station manager's "ambitious" claim that a member went "wholly outside" the available options when she upheld his sacking for failing to disclose serious criminal charges.

Big W worker sacked for stealing and "farrago of lies": FWC

The FWC has upheld the dismissal of a Big W employee sacked for colluding with his mother to steal a $400 hard drive, and then fabricating "a false and misleading story in an attempt to cover up his behaviour".

Remand period explained unseen letter axing worker: FWC

A senior FWC member in extending time by one day says a hospital security officer could not have been expected to ask a lawyer or psychiatrist he met while on remand to "trawl through his inbox" to find notification that he had been sacked.

Worker "hit submit" button before midnight deadline: FWC

The FWC has accepted a 48-seconds-late unfair dismissal claim from a worker convinced he filed it just before midnight on the last allowable day, after conceding that the tribunal's online processing quirks might have pushed it beyond the deadline.