Browsing: Case law | Page 16 (1,684 items)



Extension granted for potentially "unprecedented" case

A FWC full bench has overturned the rejection of a late adverse action application in which a worker claims symptoms caused by Parkinson's disease "perfectly matched" the performance reasons given for his sacking.


Worker not bullied after $284K "false entry": Court

An asset management company breached the employment contract of an analyst accused of making a fictitious manual entry of more than $284,000, but did not subject her to adverse action after alleging its leaders bullied her, a court has held.


Bench backs sacking of meth-taking wharfie

A FWC full bench has refused to overturn the dismissal of a worker in a safety-critical role, upholding a member's finding that the seriousness of the worker's three positive drug tests outweighed procedural shortcomings.


"Ludicrous" WFH arrangement justified sacking: FWC

The FWC has upheld the sacking of an aged care home manager found to have signed off on a colleague's "ludicrous" work-from-home arrangement while apparently harbouring hopes that their close relationship would deepen.


Dance instructor's sacking a costly misstep

A dance instructor's refusal to take out the rubbish did not justify his sacking, the FWC has held, while his visa status has contributed to a finding of harshness.


Bench weighs in on "inadvertent" policy breaches

Virgin Australia has failed to reverse the reinstatement of a flight attendant sacked for drinking a glass of prosecco within eight hours of a shift, and further accused of breaching its fatigue management policy by having s-x after requesting a shift change due to tiredness.


Worker dismissed for sending harassing emails after collision

A worker's continued refusal to take responsibility for a workplace car accident and his "highly inappropriate" emails criticising the investigation of the collision warranted his dismissal, the FWC has ruled.


Union legal team's decision to drop case "a disgrace": FWC

A FWC presidential member has lambasted a union's legal team for leaving an illiterate member "high and dry" when deciding not to pursue a "more than arguable" dismissal challenge that ultimately led to reinstatement with full backpay.


RtD no barrier to workers providing evidence to FWC

Workers have no right to disconnect from FWC proceedings and the Commission can order them to attend or give evidence outside of work hours, a presidential member has confirmed.


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