Browsing: Case law



Abusive out-of-hours texts a sacking offence: FWC

The FWC has backed the Commonwealth Bank's sacking of an "insubordinate" worker who argued it could not discipline him for pummelling his manager with abusive text messages because he sent them outside of working hours.


English skills a valid factor in HR manager's redundancy: FWC

The FWC has accepted that a company made a HR manager redundant on her return from parental leave due to her discomfort with interviewing English-speaking job candidates and downsizing directions from its Chinese head office, rather than her status as a new mother.


Manager awarded $1.5 million for career derailment

A court has awarded a former Laing O'Rourke manager more than $1.5 million in compensation and damages after finding his sacking, for allegedly intimidating property owners during the 2020 bushfire recovery effort, unlawfully interrupted his career trajectory.


RBA's "abrupt" sacking of manager unfair: FWC

The FWC has ordered the Reserve Bank to pay compensation after its "unnecessarily abrupt" sacking of a long-serving manager while he took leave, finding it led him to believe at the mid-point of a performance management process that he remained "on track" to retain his job.


Former Greens party director cleared to contest sacking

The FWC has cleared the way for the ACT Greens' former party director to challenge his sacking after rejecting the organisation's jurisdictional objection that his brief term failed to meet the statutory minimum employment period for workers at small employers.



Late application can't be "pinned" on union: FWC

A Coles worker sacked for "interacting" with shoplifters in defiance of company policy has had her one-minute-late adverse action application binned, after the FWC rejected her bid to "pin" responsibility on the SDA, while at the same time affirming that the deadline is not a "mere technicality".


"Uncertain" dismissal date excuses late claim

The FWC has accepted a casual worker's five-weeks-late unfair dismissal claim after finding that the employer gave him the impression that his employment would continue pending an investigation, and then ignored any further contact attempts.


"Brain fart" most likely reason for offensive graffiti: FWC

A FWC member has found no plausible reason for a boilermaker's co-workers and managers to conspire to have him sacked for allegedly drawing a p-nis on a client's fuel tanker, concluding that the more likely explanation lay in a colleague's suggestion that he simply had a "brain fart".


Page 15 of 163 | Total articles: 1,625