Browsing: Case law


Time extended after HR specialist's representative error

The FWC has extended time for an 11-days-late unfair dismissal claim, after finding the HR professional representing her incorrectly advised her to send a letter of demand to the employer in the interests of "procedural fairness", leading to her missing the 21-day deadline.



Extension granted for potentially "unprecedented" case

A FWC full bench has overturned the rejection of a late adverse action application in which a worker claims symptoms caused by Parkinson's disease "perfectly matched" the performance reasons given for his sacking.


Worker not bullied after $284K "false entry": Court

An asset management company breached the employment contract of an analyst accused of making a fictitious manual entry of more than $284,000, but did not subject her to adverse action after alleging its leaders bullied her, a court has held.


Bench backs sacking of meth-taking wharfie

A FWC full bench has refused to overturn the dismissal of a worker in a safety-critical role, upholding a member's finding that the seriousness of the worker's three positive drug tests outweighed procedural shortcomings.


"Ludicrous" WFH arrangement justified sacking: FWC

The FWC has upheld the sacking of an aged care home manager found to have signed off on a colleague's "ludicrous" work-from-home arrangement while apparently harbouring hopes that their close relationship would deepen.


Dance instructor's sacking a costly misstep

A dance instructor's refusal to take out the rubbish did not justify his sacking, the FWC has held, while his visa status has contributed to a finding of harshness.


Bench weighs in on "inadvertent" policy breaches

Virgin Australia has failed to reverse the reinstatement of a flight attendant sacked for drinking a glass of prosecco within eight hours of a shift, and further accused of breaching its fatigue management policy by having s-x after requesting a shift change due to tiredness.


Worker dismissed for sending harassing emails after collision

A worker's continued refusal to take responsibility for a workplace car accident and his "highly inappropriate" emails criticising the investigation of the collision warranted his dismissal, the FWC has ruled.


Union legal team's decision to drop case "a disgrace": FWC

A FWC presidential member has lambasted a union's legal team for leaving an illiterate member "high and dry" when deciding not to pursue a "more than arguable" dismissal challenge that ultimately led to reinstatement with full backpay.


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