Browsing: Case law


High Court to hear genuine redundancy case next month

The High Court will next month begin hearing mining giant Peabody's challenge to a full Federal Court finding that it did not genuinely make workers redundant when it failed to consider whether it could redeploy workers to jobs performed by contractors.


FWC throws out junk mail excuse

An accounts manager seeking a month-long extension to lodge an unfair dismissal claim after initially filing a blank form has failed to convince the FWC it was exceptional that she missed the FWC's replies as they landed in her junk mail.


"Pregnancy brain" a factor in late application: FWC

A customer service operator's "pregnancy brain" contributed to her filing a late application contesting her redundancy and was among the factors justifying an extension, the FWC has found.


Driver on the nose despite Beckham cologne: FWC

A TWU delegate and rubbish truck driver who drank six beers at a union event but suggested his David Beckham cologne and sanitiser might explain his low-level positive reading for alcohol at work the next morning has failed to overturn his sacking.


Jewish worker forced to resign after Sabbath dispute: FWC

The FWC has found that an employer forced a Jewish worker to resign when it failed to resolve a bullying dispute centred on her request to not work on Shabbat, amidst rumours it intended to get "rid of her".


Redundancy upheld despite deficient consultation

A major construction company has avoided having to compensate a worker despite failing to properly consult with him over his redundancy, after the FWC found on balance that such "deficiencies" ultimately did not make the dismissal unfair.


HR manager fails to nail down case against billionaire

A HR manager has been told to go back to the drawing board in establishing a general protections case against an online trading company and its billionaire founder, who she accuses of having repeatedly directed her to manage employees in ways that would breach workplace laws.


HR manager's "blatant exercise in deception": Court

A charity's HR manager engaged in "a blatant exercise in deception" to orchestrate the sacking of a senior manager wrongly accused of serious misconduct, a court has found.


Reinstatement for "brain snap" worker

A tribunal has ordered the reinstatement of a council worker found to have had a "brain snap" when he referred to his manager in a text as a "rude c--t" he felt like punching.


Consequences of "assault" justify extra time: FWC

A young worker who is accusing her boss of leaving her no choice but to resign when he physically assaulted her has won extra time to pursue a late unfair dismissal claim, with the FWC accepting that mental health ramifications contributed to the delay.


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