Case law page 9 of 66

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


"Fairness" issue sees crane driver's reinstatement suspended

BlueScope Steel has won a stay on orders to reinstate a veteran crane operator sacked after his third safety breach, with an FWC full bench to consider whether a member unfairly relied on his experience of its "proactive" disciplinary approach.

No room for pet theory before sacking: FWC

An employer that summarily dismissed a casual worker who abused and threatened colleagues should have offered her an opportunity to explain behaviour that might hypothetically have been a reaction to the death of a beloved pet, the FWC has found.


UK ruling casts secret recordings in new light

In the age of ubiquitous mobile phones, covert recordings of meetings by employees don't necessarily irreversibly damage trust and confidence in the employment relationship, a UK IR tribunal has ruled.

Cross-claim hits "clearly dishonest" chief executive

The long-serving former chief executive of a Queensland charity is more than $30,000 out of pocket after securing a minor win as part of his wrongful termination case but being labelled "dishonest" in his employer's successful cross-claim.

Hurt and humiliation payout after "most unkind" accusation

An employee criticised as being ungrateful about securing a restaurant job despite her disability has won $12,500 in compensation for the hurt and humiliation she experienced during her dismissal after 12 weeks.

Reinstatement problematic after calling HR partner "despicable": FWC

A senior FWC member in upholding a Virgin Australia ground crew worker's dismissal over pilfered cigarettes has noted that "one's fate" is often sealed by attempted cover-ups rather than the actual misconduct, further observing that the former employee did himself no favours when posting on social media that the airline's HR partner was a "despicable human being".

Sacking by text not "generational", just plain callous: FWC

A long-serving industrial tribunal member has taken aim at an employer's claim that summarily sacking a worker by text was a "generational thing", describing the method as "unconscionably undignified" while insisting that dismissals should always be conducted face-to-face.