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42 articles are classified in All Articles > Individual contracts > Case law


Accountants allege employer's unethical behaviour voided contracts

A court has cleared the way for two accountants fighting a restraint of trade case to argue that their contracts were void if their employer breached implied terms requiring it to act lawfully and in accordance with the industry's code of ethics.


Outbursts undermined trust and confidence, FWC rules

The FWC has backed the actions of an aviation services company that kept a security guard on standby as it sacked a long-serving administration worker with a short history of volatile outbursts.

Lawyer not sacked for political stance: Court

The Federal Court has upheld a lawyer's dismissal after he strongly criticised clients of his firm in a newspaper opinion piece, the judge finding his contract "expressly" stipulated both parties could terminate the relationship without cause on three months' notice.


Rio "unilaterally" extracted contractual entitlement: IRC

Rio Tinto artificially limited contractual terms when it denied two FIFO mineworkers their entitlement to an extra allowance for nights spent away from their work base, the WA Industrial Relations Commission has found.

Canadian "contractor" who flew south an employee, says FWC

A Sydney-based Canadian paid a regular monthly untaxed figure in US dollars by a Calgary-headquartered company for which he agreed to act as an independent contractor has had his unfair dismissal claim upheld, with the FWC finding he was not genuinely retrenched.

Long commute from beachside idyll not "unreasonable hardship": FWC

The FWC has expressed sympathy for a new father who resisted incentives to buy a second family car to help preserve a work-life balance upended by a transfer to a distant office, but ultimately agreed his employer did not breach his contract's "unreasonable hardship" clause.

Visa worker "ripe" for exploitation: FWC

In a ruling criticising the practice of diplomats recruiting domestic workers from overseas, the FWC has ordered Iraq's consul-general to pay $20,000 to a Filipina live-in nanny dismissed after raising concerns about her entitlements.