Browsing: Case law | Page 32 (572 items)


Communication of sacking can't be outsourced to cops: FWC

The FWC has cleared the way for a worker accused of "disruptive menace" and assaulting the chief executive to pursue a general protections claim against his former employer, holding it could not delegate to police the task of telling him he had been sacked.



Sacked for refusing assessment, not for complaining: Court

A court has thrown out an adverse action case pursued by an Aldi truck driver sacked for refusing a psychological assessment, noting he might have been better off making an unfair dismissal claim.


Reinstatement for driver told to "f*** off Karen"

The FWC has reinstated a Gold Coast bus driver who ejected a passenger for telling her to "F-ck off Karen" after she implored him to wear his face mask properly, finding also that making a call on her smart watch did not breach the employer's mobile phone policy.


Tribunal rejects prison officer's "s-xual horseplay" defence

The NSW IRC has upheld the sacking of a prison officer who assaulted a colleague outside work, observing that the victim's evidence should not be "impugned" just because she remained in an abusive relationship.


Extension granted for nurse to challenge "charity" sacking

A nurse who is contesting her sacking for allegedly donating her employer's property to a charity has won an extension of time due to representative error, after her solicitor filed her unfair dismissal application five hours after the 21-day deadline.


Rebuffing five-year WFH bid not bullying: FWC

A university supervisor's rejection of an academic's five-year work-from-home application and his repeated "advice" about how to use students' work to reach research targets did not constitute bullying, the FWC has held.



FWC backs BHP's sacking of breast-grabbing mineworker

In a case that illustrates sexual harassment problems at remote mine sites, the Commission has upheld BHP Billiton's sacking of a service technician after he groped and pursued two young female cleaners, prompting one to leave the "too unsafe to return" worksite.


Discrimination in gender-biased pay arrangements: Court

Victoria's Supreme Court has ruled that an employer might have treated a manager unfavourably because of her age and sex when it ignored her repeated requests to provide her similar over-agreement pay rates to those afforded to male colleagues, while it has also found that the State's equal opportunity laws enable consideration of "unconscious bias".


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