Case law page 9 of 64

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


"Insist" on legal advice refund over flawed dismissal: FWC

The FWC has slammed a childcare centre for a "hopelessly flawed investigation" that led to a teacher being sacked over false allegations she mistreated a child, suggesting the owner should claim his money back for poor legal advice.



Tribunal member's questions leading, but not unfair: Bench

An FWC full bench has cleared the way for a commissioner to redetermine an employer's objections that a worker allegedly sacked when a stranger handed her an unmarked envelope at her home did not qualify for unfair dismissal protection because it should be deemed a small business.

Sick chef's sacking "extraordinarily heartless"

A wholefood store that summarily dismissed a chef after a three-day absence for cancer treatment has failed to establish that he abandoned his employment, the FWC slamming its "extraordinarily heartless disregard".

Contrition over HR manager's silence needs more than words: FWC

In a penalty decision ordering the local arm of a global conglomerate to pay a further $20,000 to a supervisor unlawfully sacked by an HR manager within her probationary period, a court has cited the company's failure to find out more about the contravening conduct and whether it needed to minimise the risk of it reoccurring.




Former manager doesn't qualify for whistleblowing protections: CBA

The Commonwealth Bank has denied bullying and retrenching a former general manager for revealing a scheme allowing colleagues to artificially boost bonuses, claiming also that his actions did not qualify for whistleblower protections and that he cannot pursue his claim under the terms of his deed of release.