Browsing: Case law | Page 10 (1,710 items)


Redundancy halved after refusal to move to "sh-thole"

The FWC has slashed a long-serving worker's redundancy payment from 12 weeks to six, after finding that he unreasonably declined a job offer with additional benefits that compensated for a longer commute to a location he derided as a "sh-thole".


Sacked Google engineer left searching for answers

A former Google software engineer who accused the tech giant's HR staff of bullying will not get to pursue it for adverse action after the FWC comprehensively rejected claims that two law firms and two barristers were to blame for a five-month delay in filing her case.


"Amorphous" adverse action claims scuttle case

A chief financial officer who made exaggerated claims to "shoehorn" them into adverse action provisions has failed to establish that his complaints about homophobic jibes and supposedly illegal accounting practices led to his unlawful sacking.


First unfair termination case hits roadblock

In the FWC's first ruling on new laws enabling road transport contractors to contest termination, the FWC has ruled that a director of a delivery company cannot make a claim because he did not perform a "significant majority" of the work, delegating it to others instead.


Big costs order against paid agent

A paid agent from the "school of hard knocks" is facing a costs bill of almost $30,000 after an employer racked up unnecessary legal expenses due to his unreasonable handling of a worker's unfair sacking case.


"Retention payment" doesn't count towards income cap

The FWC has cleared the way for a project manager to pursue his unfair dismissal claim after finding his retention payments do not push him above the high-income threshold as they are not "earnings".


Aldi admonished for heavy-handed approach to late case

A judge has criticised Aldi for adopting an "unnecessarily technical position" against a self-represented worker but ultimately rejected his bid for a six-month extension to file a general protections claim, after finding he falsified medical evidence.



Non-optimum deed enough to satisfy notice requirements

In a genuine redundancy ruling, the FWC has confirmed that it simply needs to consider whether employers have notified a retrenchment in writing, rather than whether they have provided notice in "the most optimum manner".


FWC rejects year-long compensation payment plan

Drawing on limited legislative guidance and case law on instalment payments, the FWC has ordered an employer to split a $30,000 compensation payment over two months rather than the 12 it sought, finding the worker entitled to the "fruits" of his claim "in a timely manner".


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