Browsing: Case law | Page 22 (1,659 items)


"Widespread" under-classification in community sector: Report

Inadequate award descriptors and lack of opportunity to progress through the award classification system have contributed to rife underclassification in the social and community services sector, a new survey has found.


"Theft" case errors not significant enough: Bench

A FWC bench has upheld a ruling that a club unfairly sacked a casual duty manager after accusing her of stealing a drink, but not before rejecting a presidential member's finding that the "theft" needed to be established "beyond reasonable doubt" and that the employer used an "intimidatory" dismissal process.


Time extended for worker told he couldn't contest sacking

The FWC has extended time for a late unfair sacking claim after accepting that the worker held off making his application because the employer told him that he had failed to serve the minimum employment period and its external HR provider and its solicitor then reinforced it with similar advice.


Case threatens a "radical departure" from notion of work: Employer

The charity defending a High Court case with the potential to extend duty of care to the disciplining and sacking of workers has warned that overturning a 115-year-old precedent would "disturb the allocation of risk" in every current employment contract.


TAFE hit with big legal bill for unfair sackings

TAFE NSW must pay two workers more than $230,000 in legal costs and $100,000 in compensation after the FWC overturned their dismissals for alleged fraudulent, dishonest and corrupt behaviour.


"Genuine" apology helps reduce fine for sports giant

A "wealthy" global sports company's mistaken belief that a sacked manager took unapproved days off has contributed to a judge finding that it should be hit with only 25% of the maximum penalty for taking three months to pay out his annual leave entitlements.


No stay for employer seeking to defend bushfire sacking

Construction giant Laing O'Rourke has failed to block consideration of compensation and penalties while it appeals a finding that it unlawfully sacked a manager over an altercation at a party during a bushfire recovery project.


No reinstatement for vax hold-outs: Bench

A group of DP World wharfies unfairly sacked for refusing to be vaccinated against COVID-19 have failed to knock out a decision not to reinstate them, leaving a question hanging around the lawfulness of their employer's actions.


HR consultant gave "astonishingly poor" advice: FWC

The FWC has lashed a HR consultant's "astonishingly poor" advice as contributing to the unfair dismissal of a long-serving manager whose redundancy process descended into accusations of serious misconduct, in part because of a mistaken belief that he emailed malware to his former employer.


Academic's 'cancel culture' win overturned by full court

Sydney University will not have to reinstate a lecturer sacked five years ago for superimposing a swastika on an image of an Israeli flag, after a full Federal Court majority found he could not prove that his "incendiary" conduct fell under intellectual freedom protections.


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