Browsing: Case law


Legal secretary's "spiteful" six-year quest fails to overturn sacking

The FWC has finally brought the curtain down on a legal secretary's "spiteful" six-year campaign against her sacking, finding her "incredibly patient" employer had a valid reason to dismiss her after she blocked it from assessing her reasons for a lengthy absence.


Full court overturns ADHD/autism discrimination ruling

A full Federal Court has overturned a ruling that Sydney Trains unlawfully discriminated against a trainee driver it sacked for failing to disclose that she had ADHD and autism, finding a judge relied on a "number of interrelated assumptions" unsupported by evidence.


Misleading content in sacking letter excuses delay: FWC

The FWC has extended time for a worker's one-day-late unfair dismissal claim, finding his employer's "misleading" letter confirming his sacking resulted in his representative miscalculating the deadline.


Family deaths explain late applications: FWC

The FWC has granted separate extensions of time to two workers challenging their dismissals, after attaching significant weight to the deaths of close family members.


Agent's modem mishap explained late application: FWC

The FWC has extended time by seven hours for a care worker to lodge her unfair dismissal claim after a loose power cord stymied a paid agent's "imprudent and careless" late night filing efforts.



Labour-hire a "risk shifting exercise": FWC

The FWC has noted the proliferation of a business model serving as a "risk shifting exercise" for host employers, in rejecting a labour hire worker's unfair dismissal claim.


Peabody wins special leave to challenge "genuine redundancy" ruling

Mining giant Peabody has won special leave from the High Court to challenge a full Federal Court finding that it did not genuinely make workers redundant when it failed to consider whether it could redeploy workers to jobs performed by contractors.


Time's up for accountant on s-x offenders list

The FWC has refused to extend time for a convicted child s-x offender sacked after his employer discovered his use of a pseudonym to conceal his past, rejecting a psychologist's "contradictory" evidence about his capacity to complete the necessary forms.


Time-keeping flaws, name-calling justify lawyer's sacking

The FWC has upheld a law firm's dismissal of a solicitor accused of "gaming" its timekeeping system to boost a junior colleague's billable hours and telling an opposing practitioner his client was a "c-nt".


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