Browsing: Case law | Page 17 (1,722 items)


FWC upholds sacking for "egregious" harassment

The FWC has, at the same time as rejecting the unfair dismissal claim of a university lecturer who "relentlessly" pursued a personal relationship with a student, held that he s-xually harassed her and that his dishonesty provided a further valid reason to sack him.


Separation certificate confirms on-hire worker's sacking

The "clear and unambiguous" wording of a separation certificate confirmed an on-hire worker's dismissal, regardless of the labour supplier's intention, the Fair Work Commission has ruled.


"Only one Easter miracle" sacking upheld

The FWC has upheld the sacking of a manager on the Andrew 'Twiggy' Forrest-owned Lizard Island who emailed a former colleague's employment contract to a friend with HR experience in an effort to build an underpayment case.


Shifts between valid visas justified sacking: FWC

Working without a valid visa defeated a Costco employee's unfair dismissal claim, despite the necessary permit arriving within days of his sacking, the FWC has found.


Driver assistant's sacking upheld despite "differential treatment"

The FWC has upheld the sacking of a Qube worker despite finding she was treated less favourably than two colleagues over a safety incident causing 20 train wagons to roll away, but it has suggested the employer "revisit" potentially disciplining the exonerated pair.


Frozen-out worker harshly treated: FWC

In a decision emphasising the importance of independent medical examinations, the FWC has found it was unfair to dismiss a cold storage worker over an inability to endure sub-zero temperatures without first heeding his doctor's advice to trial a reduced workload.



High Court to hear genuine redundancy case next month

The High Court will next month begin hearing mining giant Peabody's challenge to a full Federal Court finding that it did not genuinely make workers redundant when it failed to consider whether it could redeploy workers to jobs performed by contractors.


FWC throws out junk mail excuse

An accounts manager seeking a month-long extension to lodge an unfair dismissal claim after initially filing a blank form has failed to convince the FWC it was exceptional that she missed the FWC's replies as they landed in her junk mail.


"Pregnancy brain" a factor in late application: FWC

A customer service operator's "pregnancy brain" contributed to her filing a late application contesting her redundancy and was among the factors justifying an extension, the FWC has found.


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