Browsing: Case law | Page 164 (1,880 items)


Unfair to sack worker for "crude" Facebook post

The FWC has awarded $6,000 compensation to a travelling salesperson who was unfairly dismissed for making a "crude" and "immature" Facebook post suggesting a woman provided s-xual favours to her boss to win a promotion.



Representative error "amplified" by advocate's failures: FWC

The FWC has highlighted that an employee with no legal qualifications or background in IR who won an extension of time for her unfair dismissal claim "provided the sole information" to the tribunal about representative error, despite the presence of her advocate at a hearing.



Dispute pushed worker beyond qualifying period

The FWC had found that an unresolved dispute extended a worker's employment beyond the six month qualifying period for protection from unfair dismissal.



Sacked employee on overseas assignments not labour hire: court

The FWC has rejected an employer's jurisdictional objections to hearing the dismissal appeal of an employee over the high-income cap who worked on overseas assignments, finding that while he fell outside the enterprise agreement he was covered by the industry award.


Summary sacking of rail worker on the right track: FWC

The FWC has upheld the summary dismissal of a rail worker who argued that her employer's failure to warn her or take action over misconduct stretching back as far as two years was akin to "condoning" her behaviour.



Bench to examine employment abandonment clauses

FWC President Iain Ross has asked a full bench to review abandonment of employment clauses in six modern awards after a recent ruling that employers must take the "additional step" of ending the employment relationship when a worker walks off the job.


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