Browsing: Case law | Page 2 (1,710 items)


Paid agent fumbled case management: FWC

A senior FWC member has identified a paid agent's apparent "lack of familiarity" with Commission processes as a reason for refusing a worker's request for representation to defend his dismissal for alleged time-theft.


Cautionary tale in partner's post-shirtfront ejection

A court has backed Ernst & Young's ousting of a senior partner charged with assault over a bar confrontation, while on a warning for allegedly telling a colleague at a Christmas party he wanted to sleep with her and that most of his affairs were with married women.


Uber deactivation defence a car crash: FWC

The FWC has ordered Uber to reactivate a driver removed from its platform and for the parties to confer about lost pay, finding Uber's arguments "plainly ludicrous" and "misguided" and its IR Lead's evidence of little value.


Woolies right to sack harassing manager: FWC

The FWC has backed Woolworths' summary sacking of a 63-year-old manager found to have s-xually harassed a 29-year-old colleague when he sent her a red lipstick kiss emoji and texted "I love you".


Questionable restraints made sacking unfair

The FWC has taken post-employment restraints into account in finding an underperforming sales manager's dismissal unfair, because while they may have been unenforceable they still reduced his prospects of getting a new job.


Guardian employee cleared to pursue dismissal claim

The FWC has opened the way for a casual newspaper producer to pursue Guardian Australia for unfair dismissal, finding the terms of his contract did not defeat the systematic basis of his engagements and nor did the fact he declined many shifts.


Highly-paid worker not award-covered: FWC

A detailed analysis of the "principal purpose test" for assessing award coverage has led the FWC to find a salesperson earning more than $200,000 a year is not covered by the commercial sales award.


Major childcare employer too quick to eject worker: FWC

The FWC has ordered the reinstatement of a casual early childhood educator axed from her workplace roster because she failed to fill out a child safety declaration while off the job in a remote, cyclone-afflicted area in China.


$33K for "difficult" worker who needed "space"

The FWC has awarded more than $30,000 compensation to a "difficult" former Services Australia worker who should have been "given space" to restore his mental health before he resigned.


Employer's over-sharing waived legal privilege

An employer has been ordered to provide an external investigation report to a sacked worker after the FWC found that it waived legal privilege by revealing too many details in a letter outlining the results.


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