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1042 articles are classified in All Articles > Termination of employment > Case law



Reinstatement, backpay for nurse sacked over weight

A nurse sacked over her morbid obesity and unfitness to perform duties has won reinstatement and nearly three years' backpay, but a tribunal says she might not sufficiently recover from health setbacks caused by her lengthy suspension and wrongful dismissal.

"Emphatic" rejection of case no basis for costs: Judge

Coles has failed to win more than $25,000 costs sought against an experienced Indian lawyer who unsuccessfully spent almost two years trying to challenge his sacking from one of its supermarkets while qualifying to practice in Australia.

HR failed to flag obligations to injured worker: FWC

The FWC has awarded compensation to a sacked childcare worker after noting the "disturbing" failure of a company's HR department to inform the chief executive of protections for employees forced to take time off due to illness or injury.

Damages for hurt feelings after "callous" sacking

A tribunal has awarded $3000 for injury to the feelings of a worker who changed careers as a result of her employer's threats when it "callously" dismissed her, then locked her out.

FWC to re-hear case of lawyers sacked for "insubordination"

A criminal lawyer has succeeded in overturning findings that he unfairly sacked two solicitors he accused of "insubordination" and "sabotage", a FWC bench ruling that a tribunal member was too dismissive of his explanation for missing a hearing.

Frosty reception to business class flights, claims ex-BOM manager

A general manager is accusing the Bureau of Meteorology of retreating from a decision to sack her for flying business class and taking two days' leave while on a work trip in Paris, only to hold off on advertising an "obvious" redeployment role until after it retrenched her.

FWC declines to stay case of three-week CEO

The FWC has refused to stay consideration of another case caught up in the High Court's current slate of matters examining employment status, finding that a former chief executive of just three weeks would be unfairly prejudiced if his adverse action claim was delayed.

Law clear about decisions on the papers: FWC bench

An employer will get another chance to argue that it did not dismiss a worker after a four-member FWC bench determined that the company's jurisdictional objection should not have been decided on the papers.

Director's criticism overheard in bathroom: Employer body

WA's peak employer body says COVID-19 prompted it to extend the probationary period of a commercial services director instead of sacking her, before she allegedly shared details of a confidential performance discussion while criticising colleagues in the workplace toilets.