Case law page 86 of 143

1430 articles are classified in All Articles > Termination of employment > Case law


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.


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".