Browsing: Case law | Page 23 (1,722 items)


Lawyer's failure to specify deadline contributed to delay

A lawyer's "significant omission" in failing to specify the deadline for a self-represented worker to lodge his unfair dismissal claim, despite sending the worker a costs agreement on that date, contributed to the delay and warranted a one-day extension, the FWC has found.


FWC backs BHP's sacking of "extremely intoxicated" harassing worker

The FWC has ruled that an intoxicated FIFO female mineworker rubbing up against and trying to hold hands with her male colleagues when commuting to her worksite amounted to harassment and s-xual harassment and warranted BHP dismissing her.


Give more thought to recognising migrants' licences: FWC

A FWC presidential member has suggested policymakers give greater consideration to recognising the "industrial qualifications" of migrant workers after ruling an employer unfairly dismissed a factory hand when it made him redundant without consultation due to his unsuccessful attempts to obtain an Australian forklift licence.


Manager fails to sharpen unreasonable hours case

A judge has compiled a checklist for workers pursuing employers over unreasonable hours, highlighting the difficulties a product marketing manager faces in building her adverse action case without detailed evidence of workloads, deadlines and demands to complete tasks.




BHP "rushed" harassing worker's dismissal: FWC

The FWC has found a long-serving BHP Coal worker who had "clearly not adjusted to the modern workplace" s-xually-harassed two colleagues, but a rushed investigative process and lack of a proper opportunity to respond rendered his dismissal unfair.


Legal secretary's "spiteful" six-year quest fails to overturn sacking

The FWC has finally brought the curtain down on a legal secretary's "spiteful" six-year campaign against her sacking, finding her "incredibly patient" employer had a valid reason to dismiss her after she blocked it from assessing her reasons for a lengthy absence.


Full court overturns ADHD/autism discrimination ruling

A full Federal Court has overturned a ruling that Sydney Trains unlawfully discriminated against a trainee driver it sacked for failing to disclose that she had ADHD and autism, finding a judge relied on a "number of interrelated assumptions" unsupported by evidence.


Misleading content in sacking letter excuses delay: FWC

The FWC has extended time for a worker's one-day-late unfair dismissal claim, finding his employer's "misleading" letter confirming his sacking resulted in his representative miscalculating the deadline.


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