Browsing: Case law | Page 141 (1,788 items)


FWC backs ejection of "sexist", "exclusionary" overseer

The FWC has upheld Toyota's sacking of a supervisor for improperly exercising his power, finding his "benevolent sexism" and inappropriate behaviour towards a group of young, female fixed-term contractors created a weird, dirty and unhealthy environment.


FWC upholds sacking after family violence

The FWC has found "justified, proportionate and fair" the summary sacking of a health worker whose duties included running a men's group that addressed issues including domestic violence, after police arrested and charged him with assaulting his partner.


"Sad" echoes of stolen generation in unlawful sacking: FWC

The FWC has found an Aboriginal corporation took unlawful adverse action by sacking three cultural heritage field officers for failing to prove ancestral connections, noting it was a by-product of the misery inflicted on victims of the stolen generation.


Indemnity costs against employee who sought to punish employer

The FWC has taken the rare step of ordering indemnity costs against a manager accused of HR breaches, finding she kept pressing a "doomed to fail" unfair dismissal application in a bid to inflict maximum harm, but it has thrown out a costs claim against her solicitor.



Guard "ambushed" over misconduct claims: FWC

A large employer's failure to tell an employee what claims were being investigated before conducting a recorded interview was among a number of flaws identified by the FWC in a procedurally "infected" dismissal.


Sacked s-xter didn't need co-workers to say "stop": FWC

The FWC has emphasised that young women should not have to tell older superiors that they don't want sexually loaded communications, upholding the sacking of a senior council worker who insisted younger co-workers welcomed his numerous salacious texts.



No representational error when work declined: FWC

In refusing an extension of time application, the FWC has found incorrect advice that a "no-win/no-fee" law firm allegedly gave a worker about the cut-off date for lodging her unfair dismissal application would not constitute representational error as it declined her business.


Court returns keys to twice-sacked prison officer

A prison officer effectively sacked twice after pleading guilty to assaulting three inmates has again won his job back, an appeal court finding that the IR commissioner who originally reinstated him had correctly focused on what is fair and just, rather than "the reputation of the government".


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