Browsing: Case law | Page 2 (1,788 items)


No redundancy parachute for airline manager

An airline has succeeded in having a former manager's redundancy pay cut to zero after the FWC found his insistence on amending an intellectual property clause in his contract did not alter the fact that it offered him "objectively acceptable" alternative employment.


Australian-made: Kiwi able to make anti-sacking claim

The FWC has found that an employee of an Australian company who lives and works in New Zealand can bring an unfair dismissal claim, because the employer received his emailed contract acceptance in Victoria.


Mid-Zoom sacking a raw deal for chef: FWC

A cook has received almost $68,000 compensation after being sacked for supposedly refusing to attend mediation over her bullying claims – while in the midst of a Zoom meeting with a mediator.


11-day gap scuttles HR manager's case

A HR/IR manager who resigned briefly before taking up a casual position with the same employer has fallen short of the minimum period for pursuing an unfair dismissal case, despite assurances her continuity of employment would be preserved.



Merits get wrongly-filed claim across the line

The FWC has extended time for a worker to contest her dismissal, finding it warranted due to her mistaken attempt to dispute it in another tribunal, combined with the strong merits of her claim.


Sacked "serial complainer" denied $2M compensation

A judge has rejected a former employee's $2 million-plus compensation claim after finding her unlawful sacking was not "the cause or even a material contributing cause" of an alleged psychological injury and that she would have lost her job anyway within months.


Case against major franchisor to proceed

An alleged whistleblower's explosive allegations against franchising business Jim's Group may be headed for hearing, after a court gave him an extension of time and let him file an amended claim.


Chickenpox fears helped explain car nap: FWC

The "unique" circumstances leading to a security guard being caught asleep in his own car during an overnight shift rendered his sacking unfair, the FWC has found.


Member's "significant" failure regarding evidence: Bench

A FWC full bench has quashed a finding that the ACT's education department unfairly sacked a teacher who crossed boundaries with students, including by messaging them and providing lifts, remitting the case to another member for redetermination.


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