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1091 articles are classified in All Articles > Termination of employment > Case law



Unfair to sack worker for flattening pet galah: FWC

An employer unfairly sacked a labourer for running over a pet galah, the FWC has held, rejecting claims that he breached a formal directive not to operate vehicles when Crackers was on the ground.

FWC ends cruise ship worker's time in pandemic dry dock

The FWC has ordered stevedoring giant Qube to offer redundancy to a Sydney-based employee unable to work since cruise ships stopped operating in early 2020, accepting that alternative work in Wollongong would be "a huge disruption" to his family life.

No costs against law firm accused of having "heads in sand"

A large employer has failed to win costs against a law firm it accused of burying "their heads in the sand" over the integrity of a client whose claims of mistakenly altering the expiry date on a key qualification fell apart under scrutiny by the FWC.

Key question over amended contract not answered: Bench

For the second time in a month a FWC full bench has turned its mind to the fundamental question of the point at which a worker has been dismissed, overturning a decision that did not properly consider a disputed contract.


FEG entitlement not dependent on employer's contributions: AAT

The AAT has accused the Attorney-General's Department of "studied ambiguity" in finding it mistakenly denied a worker up to $23,600 under the FEG scheme because his insolvent employer neglected to contribute to an industry entitlements fund.

No silver lining for unvaxxed worker

The FWC has declined to extend time for an unvaccinated worker who claimed he lodged his claim late because of the theft of 45 one-kilogram silver bars from his home, while it has upheld a nursing home's sacking of a maintenance manager who failed to comply with a State Government inoculation mandate.

Protest that flouted public health orders justified sacking: FWC

The FWC has distinguished between "regular" industrial protests and those likely to attract "public outrage" during pandemic restrictions in finding a crane company entitled to sack an operator who attended a violent anti-vax rally outside CFMMEU offices in Melbourne.

Bench ponders the meaning of "dismissed"

A five-member FWC bench has reserved its decision in a case with far-reaching implications regarding when workers can be said to have been dismissed.