Browsing: Case law | Page 3 (1,710 items)


Bench corrects member's "misunderstanding"

A FWC full bench has overturned a ruling that due to an employee's lack of award coverage, her employer - which conceded that the SCHADS award applied - had no obligation to consult her before making her redundant.


ChatGPT-aided sacking email fails decency test: FWC

The FWC has upbraided a small business owner for informing a supervisor through an email drafted with help from ChatGPT that it had decided to retrench her, finding that sacking a worker via such a "cursory" means fails "to adhere to basic standards of decency".


Axing from Teams chat not the critical moment: FWC

A university has failed to establish that a tutor's dismissal took effect when a lecturer removed him from a group chat, clearing the way for him to challenge his sacking, unlike a colleague also dropped from the forum, who has since lodged an appeal.


No cooling-off entitlement: FWC bench

A worker held a mistaken belief that he had a legal entitlement to a cooling-off period after he settled his unfair dismissal claim, a FWC full bench has ruled.


Just one job counted after FWC excision

The general manager of a cosmetics services chain who held dual roles that in combination paid above the high-income threshold can pursue an unfair dismissal claim because it only relates to one of her positions, the FWC has held.


Worker incorrectly blamed FWC for delay

The FWC has refused to extend time for a worker who "misrepresented" the reason for a one-day delay in filing her unfair dismissal application, when she blamed the Commission for sending an email to the wrong address.


Case dismissed after worker threatens lives

The FWC has thrown out a worker's unfair dismissal claim after he threatened his employer's chief executive with a "double tap to the head", disobeyed FWC directions and sent the employer more than 200 emails in a single week containing "nonsense" and further menaces.


IRC suppresses name of r-pe-accused nurse

A tribunal has suppressed the name of a nurse charged with digital r-pe while he fights Queensland Health's decision to suspend him without pay, observing that media reports revealing his identity have already led to "adverse impacts and safety concerns".


Worker seeking job with rival unfairly sacked

The FWC has found it unfair to summarily sack an "unsatisfied" manager accused of using her small business employer's email to seek a job with a competitor.


Deficient harassment probe forced resignation: FWC

"Serious" flaws in an employer's s-xual harassment investigation, in tandem with its expectation the worker would continue working alongside her alleged harasser, forced her to resign, the FWC has found.


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