Browsing: Case law | Page 4 (1,684 items)


No secondary line of defence in sacking process: Court

A judge has slapped an $8000 penalty on a major Commonwealth department after expressing astonishment that it does not have a "human or technological" system in place to ensure it pays dismissed employees their correct entitlements.


FWC sin-bins errant paid agent

The FWC has banned a paid agent from continuing to represent his client after finding him to blame for the worker's late dismissal challenge and that he sought to rely on a decision which "clearly does not exist" when arguing the application had been filed within time.


Shock dismissal not unfair: FWC

The FWC has upheld the sacking of a nurse who "accidentally defibrillated" a patient, finding that she refused to take responsibility for the incident and rejecting claims her dismissal followed targeted bullying.


High Court sheds light on redundancy obligations

The High Court has unanimously rejected mining giant Peabody's challenge to a finding that it failed to satisfy workplace laws governing redundancies when not properly considering alternative roles for 22 workers dismissed in 2020, ruling that the FWC was within its rights to delve into options like replacing already-engaged contractors.


Woolies sacking not undermined by "lenient" approach: FWC

The FWC has upheld the sacking of a long-serving Woolworths warehouse worker who took almost 100 days off in the last year alone, finding the supermarket giant's leniency over many years did not preclude it from switching to a stricter approach.


Deleted CCTV footage undermined sacking: FWC

The FWC has criticised a government department's premature destruction of CCTV footage that might have revealed the truth about a sacked bus cleaner's alleged theft of a handbag left on board.


High Court to rule on crucial redundancy question

The High Court will on Wednesday hand down its ruling on what mining giant Peabody says is a "critical" test of the laws governing whether a redundancy is genuine.


Costs for worker after HR consultant "embellished" case

The FWC has awarded indemnity costs against an IT company for its vexatious defence of an unfair dismissal claim that included a HR consultant's "astonishing" approach to the worker's new employer to establish his earnings.


"Cavalier" time theft didn't justify sacking: FWC

A union delegate's "at best negligent and at worst foolhardy" practice of filling in his timesheets inaccurately did not warrant his summary dismissal, because his employer failed to establish that he deliberately set out to deceive it, the FWC has found.


FWC upholds sacking for defying lawful direction

A worker who insisted on toiling from his hospital bed almost immediately after bowel surgery has failed to overturn his dismissal for repeatedly flouting a direction to work within ordinary hours.


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