Browsing: Case law | Page 8 (1,788 items)


HR manager's "snap decision" to dismiss unlawful: Court

The former national HR manager of the country's biggest tug operator made a "snap decision based on... irritation" when she chose to unlawfully dismiss a senior port manager because he rejected a new role central to restructuring plans, a court has found.


FWC finds Australia Post failed to deliver

The FWC has found Australia Post's failure to meet its service commitments to blame for a worker's late unfair dismissal claim, with his express mail held up in the tribunal's PO box despite it paying for a daily delivery service.


FWC upholds sacking for flouting hybrid work policy

The FWC has found that an employer had no reasonable option other than to dismiss a worker who persistently refused to comply with its hybrid working policy, based on his belief that his employment contract provided an "unconditional" right to work from home.


Workers' comp claim no basis for sacking: FWC

The FWC is considering the remedy for an unfairly dismissed labourer after the death of his employer, who sacked him via text message because he lodged a WorkCover claim and planned to take time off to recover from a workplace injury.


Compensation for teacher who struggled with "boundaries"

An "outstanding" teacher sacked for messaging students and giving them lifts has been awarded compensation after the FWC found that his dismissal disproportionate, given its "catastrophic" consequences.



Paid agent not promoting efficiency of case: FWC

The FWC has given short shrift to a part-time paid agent who claimed "other commitments" meant he was unable to meet a filing deadline, a senior member observing that the advocate's involvement had done nothing to improve the efficient disposition of an unfair dismissal matter.


Severance obligation waived after MS diagnosis

A business that fell deeply into debt and then collapsed after its owner's multiple sclerosis diagnosis has been absolved of making redundancy payments, after the FWC took into account its circumstances.


FWC powers transcend diplomatic immunity: Full court

In a significant decision on diplomatic immunity, a full Federal Court has tossed out an embassy's claim that it enjoys protection from unfair dismissal proceedings, confirming in the process that the FWC has standing as a "court" under the relevant legislation.


Bank executive challenges WeChat sacking

A highly-paid Commonwealth Bank executive has told the FWC he did not deserve to lose his job over accusations that he shared customer information over the popular WeChat Chinese messaging platform and misled the bank's investigators.


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