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


Judge carpets "intransigent" federal agency

The Federal Circuit Court has criticised the Federal Department of Agriculture for taking a "belligerent", "intransigent course" in resisting an extension of time and seeking costs against a former employee despite her lawyers accepting full responsibility.

Bonus smokes supervisor's dismissal claim

A marijuana-smoking supervisor who allegedly resigned after declining a drug test has had his unfair dismissal claim thrown out because a "project uplift" allowance of at least 25% counted as earnings that pushed him beyond the high-income threshold.

"If only her solicitor had been as diligent": Bench

An FWC bench has on the basis of representative error allowed a late unfair dismissal application after noting how thoroughly the employee pursued her claim, remarking "if only her solicitor had been as diligent".

'Time fraud' sacking upheld despite employer being "asleep at the wheel"

The FWC has upheld the dismissal of a patrolling council worker accused of "time fraud", despite finding that her supervisor was "asleep at the wheel" in overlooking GPS data revealing that she regularly started late and visited her partner's home during work hours.

$1000 payout for worker denied JobKeeper

An employee potentially denied JobKeeper payments when his employer failed to consult him before making him redundant has won just $1000 compensation.

FWC rejects believer's bid to revive dead claim

A HR manager whose Christian faith led to him withdrawing an unfair dismissal claim after belatedly accepting he had been genuinely made redundant due to a coronavirus-related downturn has failed to win more time for a second application lodged upon learning new personnel had apparently filled his former role.

Former MacBank advisors awarded $1.3m after "rapacious" claims

Forty-eight former Macquarie Bank wealth advisors have been awarded compensation totalling more than $1.3 million despite a judge describing as "rapacious" their claims about underpayment of various leave entitlements.

Unfairly sacked visa holder duped English testers

A restaurant unfairly dismissed a 457-visaholder cook who had an imposter sit his English competency test and secretly recorded conversations after reporting it for alleged exploitation, the FWC has held.

Tirade against manager no justification for sacking by email

The FWC has reminded employers that when it comes to dismissals, even "difficult" workers are entitled to natural justice, awarding compensation to an employee summarily sacked by email after repeatedly abusing his manager.

Union botched employee's pandemic-related redundancy: FWC

The FWC has taken the TWU to task for botching the redundancy of a long serving Victorian/Tasmanian industrial administrator, sacked on the spot to cut costs in the early days of the coronavirus pandemic.