Browsing: Case law


Fine increased for education department's job security breach

The ACT's education department must find an additional $8000 after a court increased penalties for breaching an agreement's job security terms in the case of a former public school teacher claiming she was unlawfully dismissed in 2016.


Umpire rules lawyer's footy-fest out of bounds

In a decision questioning the value of medical certificates issued over the internet, a senior FWC member has excoriated a Melbourne lawyer after finding he claimed sick days in order to attend the AFL's Gather Round in Adelaide and "inexcusabl[y]" provided false evidence in pursuing his unfair dismissal case.


"Redundant" top performer replaced by tailender: FWC

The FWC has found a top sales operator made redundant the day before her parental leave started was in fact unfairly dismissed, with her employer apparently transferring into her role its lowest performer "by a significant margin".


Workers walked "on eggshells" around supervisor: FWC

The FWC has found a supervisor's "grossly inappropriate" treatment of young subordinates amounted to a significant breach of his obligations and warranted his summary dismissal.


Email harasser "needed to be stopped": FWC

The FWC has upheld the sacking of a worker who covertly recorded and shared conversations with colleagues and sent them offensive late-night emails while pursuing old grievances, a tribunal member observing that he "needed to be stopped".


Researcher's 'job' disappears under FWC microscope

A decorated scientist whose job offer was withdrawn after becoming the subject of a workplace investigation has failed to persuade the FWC that despite the absence of a signed contract, an all-staff announcement and time spent at meetings related to the role established an employment relationship.


Sacked for raising concerns about silica dust: Union claim

A union member acting as a maintenance contractor's health and safety representative has won interim reinstatement while the Federal Court weighs claims that the company sacked him for raising complaints about everything from silica dust exposure to welding fumes and fatigue management.


Worker should have been warned she might lose her job

The FWC has upheld the sacking of an employee who worked outside the scope of her role - potentially exposing her employer to liability - despite "defects" in the employer's processes.


Unfair to dismiss worker with multiple jobs: FWC

The FWC has found employer unfairly dismissed a worker when it cut his shifts after he took up work at a competing branch of the same franchise, because it wanted workers committed to the "awesomeness" of the business.


Employment "pause" meant dismissal not set in stone: FWC

The FWC has thrown out a general protections claim after finding that Sculpture by the Sea "paused" a casual installer's employment but did not dismiss him, while it sought to resolve a number of safety and "cultural" issues that he raised.


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