Browsing: Case law | Page 2 (1,812 items)


Bench rejects sacked urinator's AI-aided challenge

Google AI's unfounded suggestions that an unfair dismissal ruling set a "dangerous precedent" and established an "unsafe principle" highlight the technology's limitations, a FWC full bench has found today.


Not employer's job to discern worker's capacity: FWC

The FWC has upheld the sacking of a public sector worker who claimed without medical proof that his ADHD explained his constant failure to turn up to work or complete tasks.


Driver reinstated after acid spill

The FWC has ordered FedEx to reinstate a driver who sustained burns on his leg when he dropped a box containing sulphuric acid, after viewing footage showing "regular" safety breaches at its Wollongong depot.


Gig workers' uber-late AI-aided cases thrown out

Uber and Uber Eats gig workers who appear to have used generative AI to challenge their deactivations have failed to win extra time to pursue unfair dismissal applications they lodged five to seven years late.


Bench sharpens understanding of redundancy obligations

A FWC full bench has affirmed that small businesses have the same obligations as large employers when consulting over redundancies, throwing out a tile importer's appeal against orders to pay more than $30,000 to a former sales representative.


"Emotional" history not relevant to resignation: FWC

The FWC has rejected a manager's general protections dismissal dispute claim after finding that she waited too long to withdraw a resignation supposedly given "in a state of distress" and holding that the employer's knowledge of her tendency "to make 'emotional' decisions" had no relevance.


"Sycophantic" AI led worker towards contempt of court

A judge has fired a shot across the bow of litigants relying on "sycophantic" AI to run their cases, observing that a delivery driver alleging adverse action came "perilously close" to being held in contempt after failing to produce evidence found to be either mischaracterised or non-existent.


Court to weigh "unreasonable complainant conduct"

The Federal Court will hear a former Health Department compliance evaluator's challenge to the FWC upholding his dismissal for engaging in persistent and unreasonable complainant conduct, including communications that left managers in fear of making adverse decisions.


"Smart-rse" Amazon worker wins job back

The FWC has ordered Amazon to reinstate a worker dismissed for inappropriate Slack messages, finding the company's "casual" approach to using the platform includes "frequent jokes, swearing and venting".


Member's findings deserve "deference": Bench

A FWC full bench has acknowledged its "deference" to a tribunal member's factual findings in upholding the reinstatement of a stevedore accused of telling a colleague he put his c-ck in their Subway sandwich, while already on a warning for showing pictures of bikini-clad female colleagues to co-workers.


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