Browsing: Case law | Page 33 (1,788 items)


Unreliable evidence renders Bluescope sacking unfair

The FWC has reinstated a long-serving worker accused of violent threats to a colleague, finding the employer's circumstantial evidence fell short and did not establish that the incident occurred.


Cancer treatment explains late application: FWC

The FWC has granted extra time for a worker to challenge a dismissal she alleges came about while she underwent intensive cancer treatment, with no notification other than a request to hand over her work on her employer's WeChat group chat.


Legal assistant sacked via AI-aided text message: FWC

The FWC has rejected a law firm's argument that a legal assistant abandoned his job, finding its director sacked him in a text message he composed with the assistance of artificial intelligence chatbot ChatGPT.


Employer too slow to alert worker to impending redundancy: FWC

A charity ordered to compensate a retrenched financial analyst has been reminded by the FWC that consultation involves "not merely telling a worker" they have been made redundant months after deciding to restructure their team.


Missed email explains late application: FWC

An employer that sacked a worker absent on sick leave via an afternoon email has failed to establish she missed the deadline for filing a general protections claim, after the FWC held that she had no obligation to read it until she checked her messages the next day.



Employee with "disturbing" personality traits unfairly dismissed

An organisation that supports members of the Stolen Generation did not have a reasonable basis for dismissing a worker for alleged "cultural insensitivity", but other conduct would have justified her sacking if it followed a proper process, the FWC has ruled.


FWC finds fault with AWU after further filing failure

The FWC has urged the AWU to address its unfair dismissal claim lodgement processes after the union revealed its use of an internal case management system has again played a role in an out-of-time application.


No drug test needed for smoked worker

A worker's "unfortunate" comment to the FWC that "it is nearly impossible to injure someone when driving a forklift at 8km/h", demonstrating his "unsatisfactory understanding of workplace safety", has clinched a ruling that upheld his sacking, after he admitted to smoking marijuana the night before a collision.


"Contractor" documents disguised employment relationship: Bench

In a decision with broad implications for the disability services sector, a care provider has failed to overturn a ruling that a worker who signed two contracts describing her as an independent contractor is in fact an employee capable of suing it for alleged unlawful dismissal.


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