Case law page 10 of 142

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


"Subconscious bias" research not enough for recusal: FWC

A mechanic who overturned the rejection of his "late" unfair dismissal application has failed to convince a commissioner to recuse himself based on Australian Law Reform Commission unconscious bias research.


HR manager blocked from "retrospective" dismissal: FWC

The FWC has found that a company's failure to meet modern IR standards, including its HR manager's attempt to "retrospectively" dismiss a security investigator, provided the necessary exceptional circumstances to accept her late unfair dismissal application.



Law firm loses appeal against $185K ruling

A law firm has failed to overturn the "bulk" of a court decision to award a junior solicitor more than $185,000 in compensation and penalties after his sacking for making almost 250 complaints.

FWC bench failed to follow Act's script: Full court

A four-member FWC bench failed to properly consider whether an experienced train driver sacked after receiving a two-year community corrections order for high-range drink driving was notified of the reason for his dismissal and given an opportunity to respond, a full Federal Court has found today.


FWC warns against "unwarranted hope" for ex-Uber drivers

A FWC member has stopped short of accusing a "lawyer" of peddling false hope among deactivated Uber drivers and riders while dismissing the latest of 50 near-identical unfair dismissal applications to land on her desk in the past six months.

FWC rejects "overly zealous" instructor's late application

A FWC member has put in a plug for a "likeable" casual ski instructor to be re-employed, despite rejecting his request for a time extension to challenge his sacking for allegedly competing in an obstacle race while drawing worker's compensation for an injury.