Browsing: Case law | Page 6 (1,658 items)


HR manager cleared to contest "financial benefit" sacking

The FWC has extended time for a HR manager to challenge his sacking for allegedly tweaking his own contract, finding a union industrial officer's failed use of the federal election as a "mind memo" led to him lodging it two days late.


Academic's anti-woke crusade cut short by court

A judge has binned the $7.5 million lawsuit of an academic claiming his "oppressor characteristics" made him a victim of a university's diversity policies, observing that while he might have "a very legitimate gripe", industrial laws are not the platform to advance his crusade against "woke ideology".


Employment contract made direction lawful: FWC

An employer's request for a medical certificate demonstrating a senior manager's fitness for work after an extended absence would have been unlawful and unreasonable if his contract had not required him to participate in medical examinations.


Public bullying accusations warranted dismissal: FWC

A spurned TWU delegate found to have aired false bullying allegations against a co-delegate during a meeting at which he referred to him as "kid" and told him to put his "b-lls on the line" by holding a vote has lost his unfair dismissal case, despite his employer's procedural failings.


Zero WFH no basis for rejecting alternative job: FWC

A retrenched educator who rejected an alternative role because she wanted to keep working from home at least a day a week has lost her severance entitlements, after the FWC found she did not have a formal right to maintain her flexible arrangements.


Senior mine manager not award-covered: FWC

The FWC has found that a mine superintendent who "supervised supervisors" is not covered by the professional employees award and his pay exceeds the high income threshold, rendering him unable to pursue his unfair dismissal claim.


College's "restructure" fails FWC test

A training college must pay more than $8000 to an accounts manager reputedly made redundant in anticipation of laws restricting international student numbers that never passed.


Council loses medicinal cannabis appeal

A FWC full bench has reinforced that a member did not expressly condemn using medicinal marijuana for pain management in a safety-critical role because it was not relevant to considering whether a council harshly sacked a worker who switched prescriptions to one containing THC.


Compensation for teacher who lost "only job he ever had"

The FWC has ordered former IR Minister and Opposition Leader Bill Shorten's alma mater Xavier College to pay a teacher $14,000 for his unfair dismissal, ruling it harsh because he had never held another job and his messy desk, late marking and poor interactions with his colleagues did not justify his axing after 21 years of service.


Unresponsive employer hit for $18K

In a decision illustrating the challenges of conducting cases involving remote Indigenous employers, the FWC has awarded $18,000 to a sacked chief executive after failing to engage the respondent in proceedings despite 14 phone calls, numerous emails and five notices sent by express post.


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