Browsing: Case law | Page 9 (1,658 items)


Worker should have been warned she might lose her job

The FWC has upheld the sacking of an employee who worked outside the scope of her role - potentially exposing her employer to liability - despite "defects" in the employer's processes.


Unfair to dismiss worker with multiple jobs: FWC

The FWC has found employer unfairly dismissed a worker when it cut his shifts after he took up work at a competing branch of the same franchise, because it wanted workers committed to the "awesomeness" of the business.


Employment "pause" meant dismissal not set in stone: FWC

The FWC has thrown out a general protections claim after finding that Sculpture by the Sea "paused" a casual installer's employment but did not dismiss him, while it sought to resolve a number of safety and "cultural" issues that he raised.


"No excuse" for "astounding" representative error

The FWC has extended time due to representative error, after a lawyer with "extensive experience in employment matters" who is also the author of an article on his firm's website about the "hurdles" to "jump over" to make an unfair dismissal claim, including the 21-day time limit, lodged a client's application four days late.


Worker's "defensive" stance brought about exit: FWC

A guest services worker at one of the country's largest shopping centres might have avoided the sack if she had promptly returned a $130 voucher mistaken for a gift, the FWC has found.


"In-principle" settlement not the end of the matter: Full bench

A FWC full bench has overturned a commissioner's decision to "unilaterally" and without warning "administratively close" a general protections claim based on his incorrect belief that the parties had reached a settlement.


Covert recording trashes dismissal challenge

The FWC has refused to hear a BP worker's three-day late challenge to her sacking after she revealed she ignored a clear direction not to record the disciplinary meeting at which the employer summarily sacked her.


FWC waves big stick over employer's "disregard" for laws

A transport company is to be referred to the FWO over its "alarming" indifference to its obligations as an employer, after an unfair dismissal case in which it exhibited "disregard" for the FWC before being ordered to pay $30,000 to a former worker sacked without warning.


FWC upholds sacking for phone-use while driving

A mining truck driver's mobile phone use, detected by an infra-red driver alertness system, justified her dismissal, after what the FWC deemed to be a fair investigation process.


Move to Canada broke employee bond: FWC

In what might stand as one of the last FWC cases relying on the High Court's 2022 Personnel decision to establish whether a worker is an employee or an independent contractor, the tribunal has rejected a manager's claim that she maintained the same role at a fintech company despite resigning and signing a contractor agreement as part of a move to Canada.


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