Browsing: Case law | Page 4 (1,710 items)


End of line for MP's advisor who went "nuclear"

A former parliamentary officer who took a "shock and awe" approach and went "nuclear" after a federal MP made him redundant post-election has lost his bid to pursue an adverse action case in tandem with a discrimination claim.


Psychic didn't foresee employment status glitch

A psychic reader who earned just $25 in the final 12 months he worked on an online platform and regularly failed to meet its minimum hours of work requirement is unable to pursue his unfair dismissal claim after the FWC held he is an independent contractor.


Swearing, bikini-pic-sharing wharfie subbed back in

The FWC has reinstated a "careless" Qube stevedore accused of telling a colleague he put his c-ck in their Subway sandwich and calling another a c-nt, while already on a warning for showing pictures of bikini-clad female colleagues to male co-workers.


Employment law firm led client "astray"

The FWC has lambasted a law firm that over-ruled its client and filed her unfair sacking application in the wrong jurisdiction, then took an unreasonably long time to file it correctly, some 24 days late.


Alternative job unacceptable due to WFH cut: FWC

The FWC has refused to reduce a worker's redundancy payout because the role the employer offered, after outsourcing the company's HR functions, would have paid less and required her to work in the office an additional day each week, despite the informality of her WFH arrangement.


"Reckless" car chase justifies sacking: FWC

A Victorian corruption watchdog operative's "reckless and unsafe" close pursuit of a Mercedes fleeing a minor accident warranted his dismissal, the FWC has ruled.


FWC denies chance to challenge AI-driven retrenchment

Fast-growing HR and recruitment platform Employment Hero made a senior technical writer redundant after it replaced the content he produced for its online "help centre" with "automated workflows and AI", but the FWC has declined to extend time to allow him to pursue his unfair dismissal claim.


Made-up texts justified HR manager's sacking: FWC

The FWC has found that a senior HR manager's fabrication of a text message from a colleague - which discredited allegations she made against him - amounted to "a complete fiction that even the famed spy story novelist John Le Carré would have been impressed by" and warranted his summary dismissal despite procedural deficiencies.


$64,000 payout for worker who refused breath test

The FWC has found an employer unreasonably directed a worker to take a breath test without clearly explaining why, and then unfairly summarily dismissed her for refusing it.


Translation to help worker understand employer's "concerns"

The FWC has reinstated a dairy worker and translated its ruling into his Rohingya language to ensure he understands the concerns that led to his sacking, while also warning the employer it needs to better manage the challenges of a diverse workforce.


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