Case law page 13 of 145

1446 articles are classified in All Articles > Termination of employment > Case law


Worker "hit submit" button before midnight deadline: FWC

The FWC has accepted a 48-seconds-late unfair dismissal claim from a worker convinced he filed it just before midnight on the last allowable day, after conceding that the tribunal's online processing quirks might have pushed it beyond the deadline.


"Subconscious bias" research not enough for recusal: FWC

A mechanic who overturned the rejection of his "late" unfair dismissal application has failed to convince a commissioner to recuse himself based on Australian Law Reform Commission unconscious bias research.


HR manager blocked from "retrospective" dismissal: FWC

The FWC has found that a company's failure to meet modern IR standards, including its HR manager's attempt to "retrospectively" dismiss a security investigator, provided the necessary exceptional circumstances to accept her late unfair dismissal application.



Law firm loses appeal against $185K ruling

A law firm has failed to overturn the "bulk" of a court decision to award a junior solicitor more than $185,000 in compensation and penalties after his sacking for making almost 250 complaints.

FWC bench failed to follow Act's script: Full court

A four-member FWC bench failed to properly consider whether an experienced train driver sacked after receiving a two-year community corrections order for high-range drink driving was notified of the reason for his dismissal and given an opportunity to respond, a full Federal Court has found today.