Case law page 98 of 143

1429 articles are classified in All Articles > Termination of employment > Case law




Labour hire company sacked worker rejected by host: Bench

Labour hire company Spinifex Recruiting has again come under fire for its reliance on a "misnamed" temporary employment agreement, with an FWC full bench rejecting its argument that it did not dismiss a casual worker because its client merely exercised its discretion to terminate her assignment.

Demotion amounted to dismissal: FWC

The FWC has held that a supervisor's demotion to a job "on the tools" with a 9% pay cut was in fact a dismissal, rejecting employer submissions that it was allowed under his contract or via a "notorious" unwritten term.

Court tells BHP Coal to let on-hire worker in; FWC responds

In an important interlocutory ruling, the Federal Court has today restrained mining giant BHP Coal from stopping a reinstated labour hire mineworker returning to the job at its Bowen Basin coal mine.

FWC takes big swing at "unprofessional" lawyers

A tribunal member has strongly rebuked a legal firm for its "unprofessional" behaviour in missing a deadline to file material, lamenting that unlike golf tee times, FWC directions cannot be changed "at a whim".

In-sourced worker cleared to pursue dismissal claim

Toll's failure to specify that it would not recognise a worker's prior service with a labour hire company has left it open to his unfair dismissal claim, with the FWC finding he met the minimum employment period as the transfer of his work established a connection between his new and old employer.

HR leader's exit secures legal representation for employer

A large employer that argued that it needed an external lawyer because it recently made its HR director redundant has been permitted legal representation in an unfair dismissal case that the FWC found will involve complex jurisdictional argument.

Reckless driving charge not established, FWC finds

The FWC has found a major civil construction company had insufficient evidence to sack for misconduct a worker it accused of driving a heavy truck towards a co-worker in a reckless manner on Sydney's WestConnex road project.

Bench reserves on Qantas "Manhattan cocktails" case

An FWC full bench has reserved its decision on an unfair dismissal appeal by a Qantas flight attendant who attributed a drunken episode on a layover to cavalier bartending.