Case law page 85 of 143

1424 articles are classified in All Articles > Termination of employment > Case law



Biometric scan objector's mis-steps deny him reinstatement

The FWC has declined to reinstate a worker found to have been unfairly sacked for refusing to participate in fingerprint scanning, partly because he wanted to "continue to agitate" his concerns about the issue, while it has also warned him against any further "contemptuous" and "rude" conduct towards tribunal members.

Employer hit with costs after spurning "parasitic" settlement offer

A Canadian company must pay party-party costs after failing to seek advice from Australian employment law experts in contesting a former Sydney-based project manager's unfair dismissal claim, its chief executive instead rejecting a settlement offer as "parasitic and disgusting".

Teacher's "factual" poison anecdote no basis for sacking: FWC

A TAFE must reinstate a teacher it sacked after he named a prominent local farmer in a lecture about the effects of chemical sprays, the FWC finding that relating a "factual" 20-year-old anecdote did not amount to misconduct.

Unions on same footing as lawyers, agents: FWC

Qantas has failed to establish that unions should be treated as different "species" when considering extensions of time due to representative error, following a recent FWC full bench finding that there is "there is nothing usual or normal about negligence on the part of a solicitor".

Worker's ostrich-like approach defeats extension bid

The FWC has refused to grant a 1383-day extension to a casual Coles employee who was notified of his dismissal almost two years after working his last shift in 2014 but failed to contest it in time because he "put his head in the sand".

IR advice business attracts FWC's ire

The FWC has speculated that the ACCC might have grounds to look into the practices of employment advisor Unfair Dismissals Direct after appraising its role in a late unfair dismissal application accepted out of time.

"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.