Case law page 140 of 144

1438 articles are classified in All Articles > Termination of employment > Case law


Valid reason outweighed by long service and investigation delay

A major IT company had a valid reason to sack a project manager who wrongly claimed overnight expenses on 141 occasions over less than 12 months, but his dismissal was unfair given his long and otherwise unblemished service and the long delay in investigating the misconduct, the Fair Work Commission has ruled.

Mother of a mistake no justification for late application

Allowing a late unfair dismissal application because of representative error is less likely to occur where the agent is not professionally qualified, a Fair Work Commission appeal bench has ruled.


Direction to work extra hours ruled unlawful and unreasonable

A company's requirement for an employee to work additional unpaid hours and make himself available on-call was neither lawful nor reasonable, the Fair Work Commission has ruled in upholding his unfair dismissal claim.



Worker's insubordination grounds for dismissal: FWC

A fly-in, fly-out worker who made bullying and intimidation complaints but then refused to comply with his employer's instructions or grievance process has lost his unfair dismissal claim.

Law firm predicts industrial action, productivity, next on agenda

A new report from a major employment law firm predicts that the Senate will pass the Abbott Government's Fair Work Act and building industry amendments, suggests the next reforms will be limits on industrial action and productivity requirements for enterprise agreements, and highlights the lower than expected activity in the FWC's anti-bullying jurisdiction.


Qantas policy roll-out failure a factor in reinstatements

Two long-serving Qantas flight attendants who breached the airline's taxi card policy have won their jobs back this morning after the Fair Work Commission found there was no valid reason for their dismissals.