Browsing: Case law | Page 5 (1,684 items)


Tardy FWC advice no excuse for late application: FWC

A worker has lost his ability to lodge a general protections application challenging his sacking after waiting more than three weeks to hear back from the FWC's Workplace Advice Services program, with the tribunal refusing to grant an extension.


Potential weekend work aversion reduces redundancy: FWC

The FWC has slashed the redundancy payout owing to a university facilities manager who turned down an alternative role encouraging weekend work to take up a higher paying position with fresh opportunities.


$30K for mineworker sacked over gold muddle

The FWC has ordered compensation for an inexperienced FIFO mineworker sacked over her involvement in a dig site mix-up that cost her employer about $200,000 after the dumping of 54 ounces of gold.


Indemnity costs against anti-vax worker

A poultry processing worker sacked for refusing to vaccinate against COVID-19 has been ordered to pay indemnity costs after a judge found her former employer did not need to defend accusations of religious discrimination and consultation failures.


"Inane" Uber communications don't excuse lateness: FWC

Uber's "farcical", "inane" and "mind-numbing" response to a driver's attempt to challenge it booting him off the platform for alleged misconduct did not satisfactorily explain why he filed his unfair deactivation application 12 days' late, the FWC has found.


Assuming abandonment reasonable: FWC

An employer remained in the dark about the extent of a worker's acute mental health crisis after she attempted to take her own life, and reasonably concluded that she had abandoned her employment, the Fair Work Commission has found.


Bull's eye "desecration" no excuse to slap student: FWC

The FWC has upheld the sacking of a school lab assistant who "forcefully" slapped the hand of a 15-year-old student who had been flicking pieces of a bull's eye in a science class, finding it hard to imagine when such "violence" would be appropriate "in this day and age".


$45,000 compensation for text dismissal

The FWC has acceded to an employer's request to pay compensation of $44,450 in instalments, but has tightened the proposed timeframe, after a worker with almost a decade of service requested a pay rise and the director responded "you have me by the b-lls", before dismissing him suddenly by text message.


Sacking upheld after host bans on-hire worker

A labour supplier could not be expected to force the host to change its stance on revoking an on-hire worker's site access for conduct the employer found only warranted a warning, but validly dismissed him for his inability to perform his job's inherent requirements due to his expulsion, the FWC has found.


Impact on career warrants extension: FWC

The FWC has agreed to hear a bank employee's late challenge to his sacking for allegedly fraudulently disputing a credit card transaction, accepting sufficient doubts surrounded his intentions, the connection to work and the fairness of effectively ending his chances of ever landing a job in the industry again.


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