Browsing: Case law | Page 6 (521 items)


Secret recordings lawful if solely to aid "recall": FWC

A worker's covert recordings of disciplinary meetings might have been lawful if he had only used them to "aid his recall", rather than submitting the audio and transcripts as evidence in his unfair dismissal case, the FWC has ruled.


FWC upholds sacking after assault in elevator

The FWC has backed the sacking of a worker who shoved and swore at a woman as they rode an elevator towards his office, rejecting his claims of self-defence and that the employer's code of conduct did not apply because his shift had not started.


Employment contract made direction lawful: FWC

An employer's request for a medical certificate demonstrating a senior manager's fitness for work after an extended absence would have been unlawful and unreasonable if his contract had not required him to participate in medical examinations.


Overwhelming majority of WFH requests approved: Study

Just 6% of clerical workers who seek WFH arrangements are knocked back by their employer, according to a new Swinburne University study commissioned by the FWC as part of the work from home test case.


Zero WFH no basis for rejecting alternative job: FWC

A retrenched educator who rejected an alternative role because she wanted to keep working from home at least a day a week has lost her severance entitlements, after the FWC found she did not have a formal right to maintain her flexible arrangements.


"Bullied" worker failed to heed reasonable demands: FWC

The FWC has refused to separate an NBN engineer involved in a dispute over allegedly unpaid hours from a manager held to have bullied him, instead ordering mediation after finding his own behaviour and "pedantic" approach is contributing to his problems.


Compensation for teacher who lost "only job he ever had"

The FWC has ordered former IR Minister and Opposition Leader Bill Shorten's alma mater Xavier College to pay a teacher $14,000 for his unfair dismissal, ruling it harsh because he had never held another job and his messy desk, late marking and poor interactions with his colleagues did not justify his axing after 21 years of service.


HR practitioner's confidentiality failure justified sacking

The FWC has found it "fanciful" to suggest that an employer might allow a HR professional to send extensive confidential information to his personal email address without authorisation, ruling his serious misconduct warranted dismissal.


IR department not required to disclose internal documents

Queensland's Industrial Court has upheld a finding that an investigator's report and a lawyer's advice on a senior Office of IR employee's conduct attracted legal professional privilege and the employer did not waive it.


No excuse for summary sacking via "proxy": FWC

A 63-year-old brothel receptionist summarily sacked via an intermediary after 15 years of "loyal" service in the "happy little family" workplace will receive near-maximum compensation, after a FWC ruling.


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