Browsing: Case law | Page 21 (1,626 items)


Weekend voicemail sacking "discourteous": FWC

A truck driver sacked without notice via a Saturday afternoon voicemail following the sale of his employer's business has won compensation, including a payment to cover the cost of "upskilling" his licence.


Early move to "sever" fixed term contract a dismissal: FWC

A training officer employed on a fixed term contract can proceed with his adverse action case against a volunteer rescue organisation after the FWC accepted that it sacked him when it told him two weeks before its expiry that it would not be renewed.


Relationship "overlap" explained bank withdrawals: FWC

The FWC has ordered a small business owner to compensate his "disgruntled" ex-partner after finding she withdrew money from the company account in the context of their "deteriorating relationship", not as an employee wanting to damage the enterprise.



Big miner should not have cut worker adrift: FWC

A MEU lodge president with an "extensive" disciplinary record has narrowly won his job back at a South32 coal mine, but not before having his backpay halved for failing to report the safety incident that led to his sacking.


HR professor's Pride flag objection falls flat

A HR professor who describes himself as "against woke nonsense" has failed to persuade a FWC member that he should recuse himself from hearing his general protections application because his chambers' email signature features the LGBTIQ+ flag.


Scottish brogue contributed to worker getting the boot: FWC

The FWC has found it highly likely that a worker's Scottish accent contributed to her "this is sh*t" comment being misheard by her supervisor as "I quit", meaning the employer lacked a valid reason for her subsequent dismissal.


Payouts cut after workers refuse 100% WFH restructure

The FWC has reduced the redundancy entitlements of five former employees of online trading platform Bartercard after they refused new positions requiring them to work exclusively from home and to fork out the full cost of setting up an appropriate space.


Role too different to reduce redundancy pay

The FWC has "condemned" an employer for characterising its bid to redeploy a worker to a "substantially different role" as fulfilling its redundancy obligations and has refused to reduce his severance payment.


Construction manager's sacking on shaky foundations: Court

In what stands as a forensic analysis of disciplinary process failings, a judge in a near-300-page judgment has found that a construction giant took adverse action against a senior manager when it sacked him for allegedly intimidating property owners while partying during the 2020 bushfire recovery effort.


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