Browsing: Case law | Page 42 (1,626 items)



Worker sacked over coronavirus jab gets day in court

The FWC has found that a worker sacked by the Ubuntu Church for obtaining a COVID-19 vaccination is an employee, clearing the way for her to pursue an unfair dismissal claim.


FWC backs sacking of driver who failed to disclose stroke

A tram driver whose failure to disclose his stroke "strikes at the heart of the employment relationship" has failed to establish that his employer unfairly sacked him, despite one of the employer's doctors breaching confidentiality requirements to set the record straight.


Tribunal spikes questions about Woolies' vax consultations

The FWC has endorsed the consultation process Woolworths used before it rolled-out a group-wide COVID-19 vaccination policy, rejecting a "most unusual" unfair dismissal case in which a worker's social media sprays clashed with his claims that the company left him in the dark.


FWC has no stomach for lawyer's gastro excuse

A lawyer's failure to act with the "level of diligence and expertise required of a competent practitioner" caused a four-day delay in filing his client's unfair dismissal claim rather than the attack of gastroenteritis that ran through his family, the FWC has held.


Academic's Israeli flag swastika no basis for sacking: Court

In a significant ruling on supposed 'cancel culture', a court has found a leading sandstone university and its former deputy vice chancellor breached an agreement's intellectual freedom clause when the institution sacked a lecturer for superimposing a swastika on a posted image of an Israeli flag.


FWC extends time for dismissal claim perceived as spam

The FWC has granted a worker an extension of time after its server "quarantined" his unfair dismissal claim email because of a "dangerous" attachment, but the Commission says that the issue will soon be remedied when it requires lodgement via an online form.


Tribunal's "colonial attitude" claim dismissed

A worker who claims FWC President Iain Ross admitted to having a problem with commissioners' "colonial attitude" has lost his Federal Court bid to sue the tribunal for racial discrimination.


Judge queries conflicting approaches to adverse action cases

A Federal Court judge, after identifying conflicting case law on how to assess employers' motives, has concluded that the ATO did not sack an auditor for complaining about "defamatory" claims that he told colleagues during office drinks that he would "f--k" his manager to get a promotion.


Sacked lawyer's vax status not a private matter: FWC

The FWC has tossed out an unfair dismissal claim from a government lawyer responsible for overseeing safe workplaces, finding he fully understood the seriousness of "wilfully and persistently" refusing to confirm his COVID-19 vaccination status.


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