Browsing: Case law | Page 46 (1,880 items)


FWC rounds on employer's "unconscionable" conduct

The FWC has rejected an employer's claim that a company secretary's "time limited" contract merely expired, finding it gave her no choice but to give up her permanent role by making an offer "infected with misrepresentation, misleading conduct and duress".


$12K costs against AAT associate who wanted to "box on"

A migration agent accused of having active cases in the Administrative Appeals Tribunal after he started working for it as an associate must pay $12,000 towards its legal costs after pursuing an unsuccessful adverse action claim challenging his sacking.



Member set bar "too high" for suppression orders: Bench

In a significant decision on principles of open justice, gas giant Santos has won confidentiality orders on its second attempt as it defends its sacking of a former outlaw motorcycle gang member accused of s-xually harassing a 22-year-old apprentice.


Weekend voicemail sacking "discourteous": FWC

A truck driver sacked without notice via a Saturday afternoon voicemail following the sale of his employer's business has won compensation, including a payment to cover the cost of "upskilling" his licence.


Early move to "sever" fixed term contract a dismissal: FWC

A training officer employed on a fixed term contract can proceed with his adverse action case against a volunteer rescue organisation after the FWC accepted that it sacked him when it told him two weeks before its expiry that it would not be renewed.


Relationship "overlap" explained bank withdrawals: FWC

The FWC has ordered a small business owner to compensate his "disgruntled" ex-partner after finding she withdrew money from the company account in the context of their "deteriorating relationship", not as an employee wanting to damage the enterprise.



Big miner should not have cut worker adrift: FWC

A MEU lodge president with an "extensive" disciplinary record has narrowly won his job back at a South32 coal mine, but not before having his backpay halved for failing to report the safety incident that led to his sacking.


HR professor's Pride flag objection falls flat

A HR professor who describes himself as "against woke nonsense" has failed to persuade a FWC member that he should recuse himself from hearing his general protections application because his chambers' email signature features the LGBTIQ+ flag.


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