Browsing: Case law | Page 5 (545 items)


FWC denies flex request due to lack of evidence

A worker failed to provide evidence that demonstrated that she sought a compressed work week to care for her partner and grandson, and that those needs related to her age, the FWC has found, ruling her flexible work arrangement request invalid.


FWC denies chance to challenge AI-driven retrenchment

Fast-growing HR and recruitment platform Employment Hero made a senior technical writer redundant after it replaced the content he produced for its online "help centre" with "automated workflows and AI", but the FWC has declined to extend time to allow him to pursue his unfair dismissal claim.


Taxman failed to respect ASU's representative role: FWC

The FWC has found the ATO failed to respect the ASU's role as the representative of a legally blind worker called into a meeting to discuss a request the union made on his behalf for a 100% WFH flexibility arrangement, to avoid the need to take public transport.


Made-up texts justified HR manager's sacking: FWC

The FWC has found that a senior HR manager's fabrication of a text message from a colleague - which discredited allegations she made against him - amounted to "a complete fiction that even the famed spy story novelist John Le Carré would have been impressed by" and warranted his summary dismissal despite procedural deficiencies.


$64,000 payout for worker who refused breath test

The FWC has found an employer unreasonably directed a worker to take a breath test without clearly explaining why, and then unfairly summarily dismissed her for refusing it.


Insistence on husband's health status biased: Tribunal

A roadside assistance and financial institution discriminated against a customer service officer by requiring clearance from her husband's specialist to confirm she would not put him at risk by returning to the office during the pandemic, a tribunal has held.


Translation to help worker understand employer's "concerns"

The FWC has reinstated a dairy worker and translated its ruling into his Rohingya language to ensure he understands the concerns that led to his sacking, while also warning the employer it needs to better manage the challenges of a diverse workforce.


$150,000 damages for s-xually-assaulted worker

A tribunal has awarded a worker s-xually harassed and assaulted by her boss $140,000 in damages, based on the nature of the conduct and the continued "profound and significant detrimental impact" on her quality of life, plus $10,000 in aggravated damages and $26,500 in costs.



Lattouf seeking $350K fine on ABC

Former ABC presenter Antoinette Lattouf says the Federal Court should order the broadcaster to pay her a fine of between $300,000 and $350,000 for unlawfully sacking her for reasons including her political opinion about the Gaza war and breaching its enterprise agreement, but the ABC says it should have to cough up no more than $56,300.


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