Browsing: Case law | Page 56 (1,711 items)


Rossato loomed too large in FWC ruling: Academic

A leading labour law academic has expressed concern that the High Court's recent Rossato ruling "unduly swayed" a senior FWC member who found a casual worker's contract helped establish she had no reasonable expectation of continuing employment, despite having worked every week for 14 months.


"Hysterical" response justified redundancy: FWC

A finance analyst's decision to "go nuclear" after her employer's harsh denial of a chance to interview for new roles in a corporate restructure ultimately justified her redundancy, the FWC has found.


Sacking about choice, not employer jab "mandate": Tribunal

A FWC member has sought to emphasise that jabs are a matter of choice for employees, rather than a "mandate" imposed by employers, as a tide of COVID-19 vaccination-related unfair dismissal cases work their way through the tribunal.


"Stressful" negotiations no excuse for high dope reading: FWC

An office-based stevedore who said he smoked cannabis daily while on leave due in part to the stress of agreement negotiations and COVID-19 lockdowns has failed to establish he was unfairly sacked for "out of hours conduct" after testing positive to THC at work.


Employer's HR became reactive, haphazard at COVID-19's peak

In a ruling that shines a light on "haphazard" HR practices in Victoria's Health Department at the height of the pandemic, the FWC has rejected claims it did not sack a hotel quarantine worker and lambasted it for meeting production orders with redactions that rendered evidence meaningless.


HR manager failed to follow "basics" of profession's rule book: Court

An experienced HR manager, who also played a central role in his employer's doomed attempt to establish an enterprise union, failed to do any of the "basic things" expected of his profession when he seized on the first opportunity to sack a worker threatening to take bullying and harassment claims to "Fair Work", a court has found.



State laws no cap on compensation for "broken" worker: Judge

A Federal Court judge has affirmed the primacy of federal over state laws in determining that NSW workers compensation caps did not shackle the amounts he could award to a long-serving manager whose life was "effectively destroyed" by a new chief executive.



Highway not my way for speeding Coke worker

The FWC has upheld the sacking of a multinational business's sales representative who ignored repeated warnings that she had crossed the chief executive's "line in the sand" over speeding in company cars.


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