Browsing: Case law (1,763 items)


Part-time offer "sensible" alternative to redundancy: FWC

The FWC is seeking feedback on its provisional view that it should order Secure Parking to reinstate a full-time compliance manager to a part-time position, finding Japanese-owned company unfairly dismissed him during a cost-cutting redundancy round.


Payout after employer fails to establish n-ked truth

The FWC has awarded $10,000 compensation to a sacked mine site cleaner who said he had been too drunk to remember skinny-dipping after being "egged on" by colleagues at a Christmas party in their accommodation village.


Bench overturns $33K payment to "difficult" worker

A senior FWC member should not have discounted a doctor's evidence that a worker possessed the "sound mind" required to understand the consequences of his resignation, a full bench has found.


No benefit of doubt for unresponsive applicant: FWC

A FWC presidential member has made it clear that he has no patience for applicants who go "incommunicado" once a case begins, asserting that the Commission has the right to "control its own process" to avoid "pointless time wasting".


"Inappropriate" HR manager exchange no reason for sacking

The FWC has awarded $10,000 compensation to a sacked worker after a HR manager failed to explain why she took stress leave following his "unannounced" visit to her office to respond to a warning letter.


Jackie 'O' stalker's reinstatement in doubt

The FWC has stopped short of reinstating a wharfie potentially not "in the right mind" when he resigned in 2024, after the tribunal became aware of his recent incarceration for stalking radio star Jackie 'O' Henderson.



Apprentice "hazing" provided reason for sacking: FWC

A senior FWC member has used an experienced Jetstar aircraft maintenance engineer's unsuccessful challenge to his sacking to emphasise that "hazing" is no longer considered "funny", after he left two apprentices stranded six metres in the air under a Boeing 787 wing while he went to lunch.


Telemetric tracking leads to postie's sacking

The FWC has upheld the summary dismissal of a postie caught speeding on his motorcycle on the footpath and "hanging out", in a ruling that exposes the extent to which Australia Post tracks the location, speed and work intensity of its workers.


$24K for worker accused of stealing chocolate hearts

The FWC has ruled that an employer needed to demonstrate that a long-serving worker intentionally stole sweets she consumed at work to justify her summary dismissal, and ordered $24,000 in compensation.


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