Browsing: Case law (1,880 items)


FWC upholds CBA's sacking of home lender

A senior Commonwealth Bank employee failed to disclose his connection with a mortgage broker, defied the employer's bans on using WeChat and his personal mobile phone to arrange home loans and then paraded "a chaotic collection of lies, nonsense, poorly matched ideas, and manufactured responses" in his doomed unfair dismissal case in the FWC.


Costs upheld after pursuit of AI-afflicted claim

A FWC full bench has upheld an order for an employee to pay the maximum amount of costs permitted under the Fair Work Regulations, after he unreasonably "persisted" with his unfair dismissal claim despite knowing he did not meet the qualifying period, due to his misguided reliance on artificial intelligence.



"Legally rudderless" neuroscientist's case to proceed

Reservations about a neuroscientist's "candour" have not stopped a court from agreeing to hear his late application alleging Australia's leading brain research institute forced him to resign after he raised concerns about funding expenditure, while he at the same time defends claims that he "misused" confidential information.


Out-of-time round-up: No "witch hunt"; & more

No evidence of "witch hunt"; Missing dismissal letter explained late application; 336 days an insurmountable barrier; No joy for sacked DUI worker on sub mission; and Poor mental health did not cover whole delay.


Decision to "go legal" did not help director's cause

An employer had the right to sack one of the governing directors of its parent company after he chose to "go legal" instead of undergoing an independent medical examination to back up his doctor's claims that he could fulfil his sales role after a period of ill-health, the FWC has found.


$6K for sacked Coles worker

Coles had a valid reason to sack a long-serving casual worker for restraining a teenage girl suspected of repeated shoplifting, but must pay $6500 compensation after a FWC finding that he did not knowingly breach the retailer's codes and policies in the "one-off" incident.


Personal tragedies explain late filing

The FWC has allowed a six-days-late general protections claim to proceed after accepting the delay partly resulted from domestic violence and the applicant's daughter attempting to take her own life, in a decision anonymised because of the "sensitive and confidential" nature of its details.


Compensation, damages after "high-handed" sacking

Tugboat operator Svitzer Australia must pay $15,000 damages to a former port manager sacked because its national HR manager perceived him as "not grateful enough" about efforts to ensure his continuing employment during a restructure.


"Triggered" worker wins job back

The FWC has taken into account the financial pain of missed mortgage repayments and the disruption of being forced to take a drive-in, drive-out role in deciding to reinstate a mineworker who raised a fist towards a colleague after being "triggered" when called a "c—t".


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