Browsing: Case law | Page 38 (545 items)


Trust loss after safety failure stymies reinstatement

An employer has convinced the FWC that a mineworker found to have been unfairly sacked over a safety failure should not be reinstated because it had lost trust and confidence in him.


Department must consult on dress standards, social media: FWC

The Department of Home Affairs has failed to convince the FWC it was not obliged to consult workers before introducing new policies governing social media use, interactions with children and a dress code deeming sleeveless clothing "unsuitable".


Court halts "discriminatory" Qantas pilot retirement

A Qantas international captain, in a case with some echoes of the landmark Christie case, has won an interim injunction to restrain what he claims is a discriminatory decision to dismiss him because he has turned 65 and can't meet his job's inherent requirements.


Fair to sack worker who refused flu vax: FWC

In a significant decision acknowledging the "scarce" guidance on compulsory workplace COVID-19 vaccinations, the FWC has upheld a big employer's dismissal of a childcare worker for refusing to take a free flu shot.


Backpayments for early-starting working mother

A tribunal has ordered the ACT Government to re-credit more than 200 hours of personal leave to a worker who accused it of discriminating against her on the basis of her parenting responsibilities by refusing to let her start work before 7.30am.


FWC shoots down COVID-19 "one employer policy"

The FWC has shot down an aged care home's "one employer policy" introduced in the chaotic early days of the COVID-19 pandemic, ordering it to re-engage a part-time musical therapist jettisoned after she continued to work at three other facilities.



Exemplary damages against manager who demanded s-x for job

A laundromat owner-manager who demanded s-x in return for a job and continually subjected a casual worker to unwanted touching has been ordered to pay her $50,000, including $5000 in aggravated damages, and cover her legal costs.


FWC upholds sacking of worker for punch after Yakuza claims

The FWC has upheld the dismissal of a student visa holder who punched a co-worker in the face after accusing him of saying "a lot of bad things" about a colleague she claimed was regularly being sexually assaulted by local Japanese gangsters.



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