Browsing: Case law | Page 145 (1,788 items)


Ill wind blows no good for bullying complaint

A court has thrown out an aggrieved former employee's bullying case, finding he could not substantiate claims of a "complex conspiracy" that involved a flatulent supervisor.



FWC makes call on mobile-phone sacking

The FWC has poked holes in the record-keeping and training practices of an employer and its HR manager that summarily dismissed a long-serving employee for breaching its "zero tolerance" mobile phone policy without making sure he was aware of it.


Bench draws "fine" line on misconduct in abusive mineworker case

In a closely-watched dismissal case contemplating how much weight should be attached to mitigating factors, an FWC majority full bench has reinstated a worker sacked for his foul abuse and threats to colleagues via text messages and phone calls while drunk.



Covering for director's absence costs PA her job

The FWC has upheld the sacking of a personal assistant who became entangled in a company power play, finding that her employer's belief that she lied to cover a director's tardiness satisfied the requirements of the small business code.


Reinstatement untenable after loss of trust in employer

In a rare case turning on an employee's loss of trust in his employer rather than the other way around, the FWC has stepped back from ordering the reinstatement of a worker found to have been unfairly dismissed, despite describing it as the most "compelling" remedy.


Worker sacked for blowing whistle on drunk employer: FWC

The FWC has ordered a franchisee to compensate an unfairly dismissed employee who contacted head office to report her boss for drunkenness and drink driving in accordance with company whistleblowing provisions.


FWC dismisses costs bid against dead worker

The FWC has thrown out on natural justice grounds an employer's application for costs against a 75-year-old physiotherapist who died during her unfair dismissal case, having previously indicated she would "vigorously defend" any such bid.


Expert evidence undermined Rio's case: Bench

Confusing evidence from Rio Tinto experts might have contributed to a senior FWC member incorrectly assessing the number of safety breaches committed by a dismissed mechanic, a Commission full bench has found.


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