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1427 articles are classified in All Articles > Termination of employment > Case law


Court temporarily puts sacked OHS rep back in job

The Federal Court has ordered a construction company to reinstate an electrician until it decides whether it took adverse action by sacking him within 10 days of his becoming a health and safety representative and reporting suspected asbestos in a water tunnel.

Company with 140,000 workers lacks in-house IR advocacy expertise: FWC

One of Australia's largest employers has convinced the FWC that it should have access to external legal representation to defend its dismissal of a self-represented employee accused of stealing $400, because its in-house legal and HR personnel lack expertise in IR advocacy.

Court derails injunction bid for sacked delegate

The private operator of Sydney's newest rail line has agreed to continue paying an RTBU delegate pending an expedited trial in July into allegations that it sacked him because he helped prepare for a majority support determination application, after the Federal Court today found serious questions to be tried.

Worker completely violated employer's trust: FWC

The FWC has upheld the sacking of a Telstra business centre's IT technician accused of supplying drugs, accessing p-rnography, sending the director's confidential documents outside the company and remotely locking the entire workplace out of the network during an investigation into his conduct.

Tribunal backs sacking after male-on-male harassment

The FWC has upheld the dismissal of a 63-year-old male employee who sent text messages calling a 37-year-old male colleague his "bitch" and "toy boy" and threatened to "molest" him and squeeze his testicles until it made him cry.

Employer not required to pay idle workers at fire-damaged mill: FWC

A Tasmanian wood mill operator that stood down its workforce after this year's bushfires has established that even though its agreement requires workers to be paid for time lost due to such natural events, it does not have to pay them if it is because of bushfire-damaged machinery.

Vodka and lie justified flight attendant's sacking: FWC

An experienced Qantas flight attendant who surreptitiously downed a quarter of a bottle of vodka on an 11-hour flight has failed to overturn her dismissal, with the FWC agreeing with the airline that she breached critical safety standards before trying to lie her way out of trouble.

Whistleblowers broke the code, says CFMMEU

The CFMMEU's code of conduct requiring officers to "publicly defend" colleagues, refrain from casting aspersions and deal with all concerns internally forms the basis of the union's defence in a court case involving two former organisers who claim they were ousted for whistleblowing in a media interview.

FWC upholds sacking for fraud

The FWC has upheld the dismissal of a National Australia Bank employee for fraudulent lending practices, rejecting her assertion she had been made a "scapegoat" for the bank's Hayne Royal Commission woes.

FWC backs sacking of worker who told HR manager "you are nothing"

The FWC has upheld fashion designer Alex Perry's dismissal of a long-serving patternmaker/sample machinist for threatening and intimidating behaviour towards his female colleagues, including an HR manager he described as "nothing".