Browsing: Termination of employment

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Unfairly dismissed overseas paralegal wins $11,000 payout

The FWC has ruled that a law firm unfairly dismissed an underpaid paralegal working remotely from the Philippines, after it previously rejected the firm's claim that it had engaged her as a contractor.


"Brutal" humiliation of worker did not warrant sacking: Bench

In a significant decision on whether a sacking can be unfair even when objectively justified, a FWC full bench has thrown a lifeline to a highly-regarded Parks Victoria employee facing the axe after "brutally" humiliating a worker at an on-site café.




"Contractor" an employee for 14 years: Court

A HR manager's failure to resolve whether an IT specialist engaged as a contractor 20 years ago became an employee when added to the payroll 12 months later has backfired, after a court found he is owed more than $100,000 in leave entitlements.


Redundancy halved after refusal to move to "sh-thole"

The FWC has slashed a long-serving worker's redundancy payment from 12 weeks to six, after finding that he unreasonably declined a job offer with additional benefits that compensated for a longer commute to a location he derided as a "sh-thole".


Sacked Google engineer left searching for answers

A former Google software engineer who accused the tech giant's HR staff of bullying will not get to pursue it for adverse action after the FWC comprehensively rejected claims that two law firms and two barristers were to blame for a five-month delay in filing her case.


"Amorphous" adverse action claims scuttle case

A chief financial officer who made exaggerated claims to "shoehorn" them into adverse action provisions has failed to establish that his complaints about homophobic jibes and supposedly illegal accounting practices led to his unlawful sacking.


First unfair termination case hits roadblock

In the FWC's first ruling on new laws enabling road transport contractors to contest termination, the FWC has ruled that a director of a delivery company cannot make a claim because he did not perform a "significant majority" of the work, delegating it to others instead.


Big costs order against paid agent

A paid agent from the "school of hard knocks" is facing a costs bill of almost $30,000 after an employer racked up unnecessary legal expenses due to his unreasonable handling of a worker's unfair sacking case.


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