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Case Studies
How employment law works in practice: real decisions of the Fair Work Commission, the federal courts and the WA Industrial Relations Commission, explained in plain English. What happened, what the tribunal decided, and why.
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Federal Circuit and Family Court of Australia (Division 2) · 12 October 2026
She refused a flexibility deal, complained, and was sacked unlawfully
Kanata v Tyro Payments Limited (No 2)
A high-performing customer support agent and single mother refused to sign an individual flexibility arrangement that would have cut her night-shift pay, and complained about how her contract had been changed. She was moved off night shift, given two warnings and dismissed. The Court found each step was unlawful adverse action under the general protections.
Dismissal found unlawful; compensation still to be decidedTermination#general protections#contracts#for employers
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Federal Court of Australia · 18 September 2026
Bank breached contract by clawing back a sacked trader's bonus shares
Alexiou v Australia and New Zealand Banking Group Limited
During a rate-rigging investigation, ANZ stood down seven traders, the most senior of them Etienne Alexiou. It later sacked him, saying his chat messages breached its policies, and clawed back deferred shares from his 2012 and 2013 bonuses. The Federal Court dismissed his adverse action and whistleblower claims, but held the clawback was a breach of contract because the Bank never formed the opinion the clawback clause required.
Clawback of bonus shares ruled a breach of contract; damages to be calculatedPay & contracts#bonuses & commission#contracts#executives
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Federal Circuit and Family Court of Australia (Division 2) · 28 August 2026
Called a 'stupid coconut' at work, hotel worker awarded $120,000
Vunipola v Redmond Company Pty Ltd
Toa Vunipola said that after a new licensee took over the Vegas Hotel, he was called a "stupid coconut" and a "stupid Tongan" and subjected to ageist and sexual comments. The company did not defend his claim, and the Federal Circuit and Family Court awarded him $120,000 in general damages, $9,540 for future psychological treatment and his legal costs on an indemnity basis.
$120,000 general damages, plus $9,540 for treatment and costsDiscrimination & bullying#discrimination#age#compensation
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Western Australian Industrial Relations Commission · 27 August 2026
A prison safety rep refused his orders. His dismissal stood
Rossiter v Minister for Corrective Services
A prison officer with more than 18 years' service, most recently at Wooroloo Prison Farm had just been elected as a health and safety representative. On a badly understaffed morning he twice refused orders to do a hospital escort, saying his safety duties came first. The WA Industrial Relations Commission found his dismissal was not unfair and dismissed his referral.
Referral dismissedWA state system#wa state system#public sector#misconduct
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Full Bench of the Western Australian Industrial Relations Commission · 20 July 2026
He said yes to $30,000, but the Shire's offer had strings attached
Maurice Walsh v The Shire of Victoria Plains, Sean Fletcher
Dr Walsh, a shire's principal building surveyor, accepted a $30,000 offer at a pre-trial conference in his damaging action claim, then refused to sign the deed. The Industrial Magistrate held he was bound by an oral settlement. The Full Bench disagreed: the Shire's offer came with a non-disparagement condition he never agreed to, so there was no binding deal.
Appeal upheld: no binding settlementWA state system#wa state system#for employers
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Federal Circuit and Family Court of Australia (Division 2) · 30 June 2026
A decade of alleged slurs, no complaint to HR, and the claim fails
Te Whaiti v Winc Australia Pty Ltd
A Maori warehouse supervisor alleged that for more than a decade managers and co-workers mocked her race, her accent and her many pregnancies. Everyone she sued denied it. The court preferred their evidence, largely because nothing had been reported to HR and only one witness was called to support her, and dismissed the whole claim.
Claim dismissedDiscrimination & bullying#discrimination#pregnancy & carers#sexual harassment
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Fair Work Commission · 29 June 2026
Paid over $200,000, but still allowed to claim unfair dismissal
Lance Boston v Selcouth Pty Ltd
A FIFO supervisor in the Pilbara was dismissed, and his employer said he earned too much to bring an unfair dismissal claim. The Fair Work Commission left out his overtime, because the amount could not be worked out in advance, and what remained was under the high income threshold.
Employer's objection dismissed; claim goes aheadTermination#unfair dismissal#executives
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Fair Work Commission (Full Bench) · 22 May 2026
Her bullying case was thrown out while she was off work, without warning
Michelle Shamoell v Excelsia University College
Dr Michelle Shamoell asked the Fair Work Commission for an order to stop bullying at Excelsia University College. Because her doctor said she had nil capacity for work, her application was dismissed, without warning, at a short phone conference. The Full Bench overturned that decision and sent her case back to be dealt with.
Dismissal overturned, case sent backDiscrimination & bullying#bullying#procedural fairness#health & safety
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Fair Work Commission · 24 February 2026
Refused the same job four minutes further away, lost redundancy pay
Application by Civmec Construction And Engineering Pty Ltd
When his projects at Civmec's Henderson workshop ended, an electrical projects engineer was offered the same role, on the same pay, at the CSBP site in Kwinana. He refused it and asked to be made redundant. The Fair Work Commission found the Kwinana role was other acceptable employment and reduced his six weeks' redundancy pay to nil.
Redundancy pay reduced from six weeks to nilPay & contracts#redundancy#for employers
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Fair Work Commission · 19 January 2026
Hired to work from home, sacked for refusing three office days
Richard Johnson v PaperCut Software Pty Ltd
A Melbourne software worker whose contract said he was 'permitted' to work from home refused his employer's direction to come into the office three days a week, believing his contract protected him. After months of meetings and two final warnings he was dismissed. The Fair Work Commission found the direction was lawful and reasonable, and the dismissal was not unfair.
Unfair dismissal claim dismissedProblems at work#unfair dismissal#misconduct#contracts
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Federal Court of Australia · 23 December 2025
Pregnant carer dismissed after a flexible work dispute: why she lost
Talaugon v Allight Pty Ltd
A pregnant contracts officer at a Landsdale manufacturer, the main carer of her six-year-old, complained she was being harassed because of her pregnancy while negotiating flexible work. About two months after the arrangement was agreed, she was dismissed. The Federal Court accepted the employer's evidence that she was dismissed for refusing to attend meetings and for her conduct, not for her pregnancy or caring role.
Claim dismissedDiscrimination & bullying#pregnancy & carers#general protections#discrimination
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Federal Court of Australia · 18 December 2025
Star state manager loses sacking case at retrial nearly ten years on
Roohizadegan v Technology One Ltd (No 6)
A once-celebrated Victorian manager of an ASX-listed software company was sacked in 2016 after months of complaints to the CEO. He won about $5.2 million at a first trial, but that result was overturned on appeal. At the retrial the Federal Court accepted that the CEO dismissed him for performance and leadership reasons, not because he complained, and dismissed every claim.
Claim dismissedTermination#general protections#executives#performance
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Fair Work Commission · 13 November 2025
Cyclone forced crews off the platforms; Woodside sent them to Perth
The Australian Workers' Union v Woodside Energy Ltd
When Cyclone Zelia forced Woodside to take its crews off its North West Shelf gas platforms in February 2025, it directed them to work their normal shifts in its Perth office. The Australian Workers' Union said the enterprise agreement meant demobilised workers should be stood down on full pay instead. The Fair Work Commission found nothing in the agreement stopped the direction, but left open whether the workers' contracts allowed it.
Union's argument rejectedProblems at work#contracts#for employers
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Federal Circuit and Family Court of Australia (Division 2) · 30 October 2025
Stevedore dismissed as unfit loses disability discrimination case
Mullaney v Qube Ports Pty Ltd
After two workplace injuries and years of modified duties, a Port Kembla stevedore was dismissed when a doctor chosen by his employer said he could not return to his full role without risk to his health. He sued for disability discrimination. The court was critical of the medical evidence, but dismissed his claim because of how the case had been framed and because he never put forward an adjustment, and the Federal Court dismissed his appeal.
Claim dismissed, with costs; appeal dismissedDiscrimination & bullying#discrimination#disability#health & safety
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Fair Work Commission · 22 October 2025
Made redundant while her employer was advertising another job
Irene Narayan v Expo Centric Pty Ltd
Expo Centric made its marketing manager redundant without warning, citing technological innovation and a restructure. The Fair Work Commission accepted the role was no longer needed, but found the redundancy was not genuine because a lower-level marketing job the company was advertising could reasonably have been offered to her. She was awarded $19,038.47.
$19,038.47 compensationTermination#redundancy#unfair dismissal#procedural fairness
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Fair Work Commission · 13 October 2025
A nurse's 12 bullying complaints, and why none were bullying in law
Mrs Prabhjot Kaur
A registered nurse at an aged care home in Melbourne's west said that after she raised concerns about staffing, her managers bullied her for well over a year, through performance meetings, text messages and shift decisions. The Fair Work Commission looked at all 12 incidents she relied on and found each was reasonable management action, even where managers had handled things poorly. Her application for a stop-bullying order was dismissed.
Stop-bullying order refusedDiscrimination & bullying#bullying#performance#health & safety
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Fair Work Commission · 9 September 2025
Mine truck driver sacked after sending in his own secret recording
Martin Stoddard v Crushing Services International Pty Ltd
A haulage truck driver on two WA mine sites secretly recorded a supervisor on his Apple Watch, then emailed the recording to his employer. The company used what it heard to sack him for phone use and a wheel re-torque it said broke site rules. The Fair Work Commission found no valid reason for the dismissal, but cut his compensation by 20% because the secret recording was misconduct.
$30,722.50 compensationTermination#unfair dismissal#misconduct#compensation
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Federal Court of Australia · 2 July 2025
Paid only on commission, he won award pay, then lost it on appeal
Ord Minnett Holdings Pty Limited v Theodorou
An investment adviser paid only by commission argued that the banking award covered him, so he was owed a minimum salary and paid leave on top of his commissions. He won at trial, but the Federal Court overturned that win: his job was not a managerial role under the award, and the judge added that his commissions would have counted against any award pay in any event.
Trial win overturned, claim dismissedPay & contracts#underpayment#bonuses & commission#contracts
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Federal Court of Australia · 23 June 2025
Paid by the hour for 14 years, but he was a permanent employee
Cropper v Energy Action (Australia) Pty Ltd (No 2)
John Cropper worked for an energy business for 14 years on an hourly rate, with tax and super deducted, but was never paid for leave or public holidays. The company said he was a contractor or, at most, a casual. The Federal Court found he was a permanent employee and ordered $130,698.60 plus interest, and later $29,925 in penalties.
$130,698.60 plus interest, and $29,925 penaltiesPay & contracts#casual work#leave#underpayment
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Fair Work Commission · 30 May 2025
Left off the roster without pay after one missed day: a dismissal
Kane Poulter v JA & JA Concreting Pty Ltd as trustee for the Teusner Family Trust
A full-time worker at a concreting business missed a day without calling in, later saying he had been sick. His employer left him off the roster and stopped paying him, then argued he had never been dismissed. The Fair Work Commission found the employer had repudiated his contract, so he had been dismissed and his unfair dismissal claim could go ahead.
Found to be dismissed; claim can proceedProblems at work#unfair dismissal#for employers
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Supreme Court of Western Australia · 24 February 2025
He joined a competitor, and a week later a court restrained him
Majors Group Australasia Pty Ltd v Ghiringhelli
After about 13 years with Majors Group, Mauro Ghiringhelli left to join Invidia Foods, which the court accepted, for now, was a competitor. Within days the Supreme Court of Western Australia granted a temporary injunction based on his restraint clause, framed more narrowly than its wide non-compete, and the judge said a restraint of no more than six months was justified.
Temporary injunction on narrower termsPay & contracts#restraint of trade#contracts
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Fair Work Commission · 8 January 2025
The start-up stopped paying him, so he quit. It was a dismissal
Wayne Merry v Swisstec Investment Holdings
Wayne Merry, an executive director of a start-up, received no salary after his August 2023 pay and resigned in March 2024. The employer said he had already quit when he left its board months earlier. The Fair Work Commission found the unpaid wages forced his resignation, so he was dismissed, and it ordered $15,750 compensation.
$15,750 compensationProblems at work#forced resignation#unfair dismissal#small business
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Public Service Appeal Board (Western Australian Industrial Relations Commission) · 7 November 2024
School IT officer forwarded a colleague's resignation email to herself
Karen Auzins v Department of Education
After about 17 years with the WA Department of Education, a school network support officer was dismissed for using her junior colleague's unlocked work phone to forward the colleague's confidential resignation email to herself. She denied it and produced a timesheet she said showed she had left early that day. The Public Service Appeal Board found she did forward the email, that the timesheet was fabricated, and that dismissal was not harsh, oppressive or unjust.
Dismissal upheldWA state system#wa state system#public sector#misconduct
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Fair Work Commission · 1 November 2024
Sacked for being too slow at stacking bricks, with no warning
Craig Ritchie v The Krause Bricks Unit Trust T/A Krause Bricks Pty Ltd
A production labourer at a regional Victorian brickworks was called into the office and told he was being let go for not stacking enough bricks. The Fair Work Commission found there was no reliable evidence his work was poor, he had never been warned his job was at risk, and his months as a regular casual counted towards his eligibility to claim. He was awarded about three months' pay.
$15,067.77 compensation plus superTermination#unfair dismissal#performance#procedural fairness
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Full Court of the Federal Court of Australia · 12 September 2024
Trainee train driver with ADHD wins discrimination case, then loses it
State of New South Wales - Sydney Trains v Annovazzi
A trainee train driver with ADHD and Asperger’s Syndrome was dismissed on probation after her employer concluded she had not disclosed her conditions before she was hired. A judge found the dismissal was disability discrimination, but the Full Federal Court set that aside, and on the rehearing her claim was dismissed.
Trial win overturned; claim dismissed on rehearingDiscrimination & bullying#disability#discrimination#investigations
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Fair Work Commission · 23 August 2024
Told his PIP was on track, then sacked: dismissal found harsh
Robert McLean v Reserve Bank of Australia
A procurement manager with over 14 years at the Reserve Bank was put on a performance improvement plan and assessed as on track at its mid-point. Weeks later the final review was cancelled and he was dismissed. The Fair Work Commission found the bank had a valid reason, but that the way it ran the plan and ended his job was harsh.
$5,731.92 compensationProblems at work#unfair dismissal#performance#procedural fairness
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Federal Circuit and Family Court of Australia (Division 2) · 1 August 2024
Company ignored a Fair Work order, so its director was ordered to pay
Dimkovski v Majorsite Property Group Pty Ltd
Mr Dimkovski won an unfair dismissal claim, but his former employer never paid the $3,907.24 the Fair Work Commission ordered. He had also been underpaid weekend penalty rates, annual leave, notice and superannuation. In a small claim, the court ordered the company and its sole director to pay him jointly and severally, holding the director personally liable as a person involved in the contraventions.
$7,016.45 ordered, director personally liablePay & contracts#underpayment#unfair dismissal#small business
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Fair Work Commission (Full Bench) · 25 July 2024
Told to show cause, he asked to see the investigation report
Aurizon Operations Limited v Cameron Webb
An external investigator found allegations against a coal rail worker proven, and Aurizon asked him to show cause why he should not be sacked. His union asked the Fair Work Commission to make Aurizon hand over the investigation report. The Full Bench said his enterprise agreement gave him no right to the report itself, but agreed he had been denied natural justice because the evidence against him was never put to him.
No right to the report, but the investigation was found unfairProblems at work#investigations#procedural fairness#misconduct
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Industrial Magistrates Court of Western Australia · 12 July 2024
Pub sold twice, but the new owner still owed her long service leave
Anna-Maree Grace Ladyman v Sai Group of Businesses Pty Ltd t/as Premier Hotel
Anna-Maree Ladyman worked as a casual in the kitchen of the Premier Hotel in Pinjarra for almost 12 years, through two changes of owner. When she left, the latest owner said her long service leave was the previous owner's responsibility under the sale contract. The Industrial Magistrates Court disagreed and ordered the new owner to pay her $8,569.76.
$8,569.76 long service leaveWA state system#leave#casual work#wa state system
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Federal Court of Australia · 11 July 2024
Sacked after complaining about a manager, he won his own case
Parsons v Serco Citizen Services Pty Limited
A Serco training manager of nearly 17 years complained about how a senior manager had handled a complaint against him. Months later the same manager found he had bullied a team member and dismissed him. Representing himself, he persuaded the Federal Court that Serco could not prove his complaint played no substantial part in the decision, and won $130,000 compensation and a $25,000 penalty.
$130,000 compensation plus a $25,000 penaltyTermination#general protections#investigations#compensation
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Fair Work Commission · 28 June 2024
She refused a performance plan, and lost her job and her claim
Angela Kokke v Momentum Energy Pty Ltd
After complaints about her behaviour, Momentum Energy put Angela Kokke on a one-month performance plan. She refused to take part, would not join the team's online chats, stayed away from the office on a set day, and did not provide the medical information the company asked for. The Fair Work Commission found her dismissal was not unfair, and a Full Bench refused her permission to appeal.
Claim dismissedProblems at work#performance#misconduct#unfair dismissal
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Federal Court of Australia · 10 May 2024
Seven massage therapists underpaid almost $1 million
Fair Work Ombudsman v Foot & Thai Massage Pty Ltd (in liquidation) (No 8)
Seven massage therapists recruited from the Philippines on sponsored visas were underpaid $971,092.27 over almost four years, and six of them were told to hand back part of their wages in cash. The Federal Court ordered the company and its director to repay them, awarded damages for the fear they lived in, and imposed penalties on the company, the director and a supervisor. A 2026 appeal narrowed the findings against the director.
$971,092 compensation plus damages for distressPay & contracts#underpayment#penalties#compensation
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Western Australian Industrial Relations Commission · 17 April 2024
Police officer removed a decade after a false medical declaration
Guy Little v Commissioner of Police
A former British police officer joined WA Police after answering on his recruitment medical form that he had never had a shoulder problem, while he was preparing a negligence claim in England over the childhood surgery he blamed for exactly that condition. When the Commissioner of Police found out years later, he lost confidence in the officer and removed him. The WA Industrial Relations Commission dismissed the officer's appeal.
Appeal against removal dismissedWA state system#wa state system#public sector#misconduct
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Industrial Magistrates Court of Western Australia · 5 April 2024
Extra commission instead of leave: did it cover long service leave?
Jason Jowett v Coastal R.E. Pty Ltd atf Coastal Unit Trust
A real estate agent paid only by commission signed a contract saying his higher commission paid for all his leave in advance. When he resigned after almost 10 years, he won $17,133.79 in unpaid annual leave and a $7,000 penalty, because annual leave cannot be signed away. His $54,567.22 long service leave win was overturned on appeal: a majority of the WA Full Bench held the old law let him trade that leave for higher commission.
$17,133.79 annual leave and a $7,000 penalty; long service leave lost on appealWA state system#wa state system#leave#bonuses & commission
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Full Court of the Federal Court of Australia · 15 March 2024
Three rulings said he was an employee. The Full Court said contractor
EFEX Group Pty Ltd v Bennett
A business development manager invoiced a technology company $10,000 plus GST a month through his family trust. When the arrangement ended he claimed unfair dismissal, and a Commissioner, a Full Bench and a Federal Court judge all found he was really an employee. The Full Federal Court disagreed: on the terms he had agreed to, he was an independent contractor, so the Fair Work Commission could not hear his claim.
Unfair dismissal claim cannot proceedProblems at work#contractors#unfair dismissal#for employers
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Fair Work Commission Full Bench · 14 December 2023
Made five staff redundant, then said it couldn't afford redundancy pay
RingIR Pty Ltd v Maryanne Spiers, Lisa Linssen, Richard Hebden, Jacob Filiti, Alex Barry
A technology start-up made five employees redundant and then asked the Fair Work Commission to reduce their redundancy pay, $106,673.08 between them, to nothing, saying it could not afford it. The Commission looked at the whole financial picture, including a $110,000 pay rise for the new CEO, and refused. A Full Bench dismissed the employer's appeal.
$106,673 redundancy pay not reducedPay & contracts#redundancy#for employers
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Fair Work Commission · 15 November 2023
A parting insult in the staff group chat cost a bartender their claim
Reema Saad v M.A Lisek & S.S Louth-Robins
A casual bartender who had already given notice fell out with the bar's owners over shifts, then left the staff Facebook group chat with a vulgar slur aimed at the two owners and a manager. The next day the bar told them not to come in again. The Fair Work Commission found this was a dismissal, but a fair one under the Small Business Fair Dismissal Code.
Claim dismissedTermination#unfair dismissal#small business#social media
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Fair Work Commission · 18 April 2023
Firefighter sacked over a private group chat gets his job back
Martin Pelly v Ventia Australia Pty Ltd T/A Ventia
A leading firefighter on a Defence base was dismissed after his employer found his posts in a private Facebook group chat made up mostly of workmates. The Fair Work Commission found the dismissal unfair and ordered him reinstated, and a Full Bench dismissed the employer's appeal. The firefighter who set up the group, who had shared pornography while on shift, lost his own claim.
Reinstated with back payTermination#unfair dismissal#social media#reinstatement
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Western Australian Industrial Appeal Court · 23 February 2023
Twenty years at Hakea Prison, ended by a piece of cannabis cookie
Byers v Director General, Department of Justice
A long-serving chef instructor at Hakea Prison ate part of a cannabis cookie at home and tested positive at work two days later. He was removed for loss of confidence. The Industrial Relations Commission upheld his removal by a two-to-one majority, and the Industrial Appeal Court then held it had no power to hear his further appeal.
Removal upheld; further appeal dismissedWA state system#wa state system#public sector#drugs & alcohol
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Western Australian Industrial Relations Commission · 17 February 2023
Told her job was redundant while her replacement was being lined up
Gayle Priscilla Tawha v Nullagine Community Resource Centre Incorporated
The coordinator of a community resource centre in Nullagine, in the Pilbara, was told her position was redundant and unfunded. The WAIRC found the centre had already started recruiting someone to do the same job once she was gone. Her dismissal was unfair, and she was awarded the maximum compensation the law allows.
$39,750.95 compensationWA state system#wa state system#redundancy#unfair dismissal
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Fair Work Commission Full Bench · 15 February 2023
He dropped his unfair dismissal claim to switch, and ran out of time
GHD Pty Ltd T/A GHD v Kevin Alan Black
GHD dismissed Mr Black after its client, Main Roads Western Australia, ended his secondment. He filed an unfair dismissal claim on time, withdrew it after conciliation to file a general protections claim instead, and lodged that claim 168 days late. A Commissioner gave him more time, but a Full Bench of the Fair Work Commission overturned that decision and refused the extension.
Extension of time refused; claim cannot proceedTermination#time limits#general protections#unfair dismissal
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Fair Work Commission (Full Bench) · 30 May 2022
Professor's reinstatement overturned after encounter with student
Australian National University v Scott Morrison
An associate professor at the Australian National University was dismissed after a consensual, intimate encounter with an Honours student on a beach during a university retreat. The Fair Work Commission first ordered his reinstatement, but a Full Bench overturned that decision on appeal, finding the university had a valid reason to dismiss him.
Reinstatement overturned on appealTermination#unfair dismissal#misconduct#reinstatement
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Full Court of the Federal Court of Australia · 10 May 2022
Milk tanker driver called 'casual' was really a permanent employee
Jess v Cooloola Milk Pty Ltd
A truck driver hauled milk for a dairy business for more than four years on a set wage, with paid leave and no casual loading, while his employer called him a casual. When he was dismissed soon after asking to be paid for extra hours, the trial judge rejected his claims. The Full Court of the Federal Court held he was not a casual employee, that his question about pay was a protected inquiry, and sent the case back for a new hearing.
Appeal won: not a casual, claims sent back for hearingPay & contracts#casual work#general protections#underpayment
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Fair Work Commission · 9 May 2022
Barista stayed past her shifts, then kept working once sacked
Mylie Kirsten Woodland v One4All Holdings Pty Ltd t/a Espresso Garage Southbank
A casual barista at a small Brisbane café, already upset about late pay, had her hours cut when a third barista was hired. She stayed at the café after her shifts, was dismissed by text, and then came back and worked two more mornings. The Fair Work Commission found the café had complied with the Small Business Fair Dismissal Code and dismissed her unfair dismissal claim.
Claim dismissedTermination#unfair dismissal#small business#misconduct
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Fair Work Commission (Full Bench) · 5 May 2022
Sexualised poster, years of silence: her resignation was a dismissal
Sydney Water Corporation v Reem Yelda
A Sydney Water customer liaison officer agreed to be photographed for a stretching campaign and later found her image on a poster with the caption 'Lubricate'. She never returned to work, and after years with almost no contact from her employer she resigned. The Fair Work Commission found she had been forced to resign, which counts as a dismissal, and a Full Bench refused Sydney Water permission to appeal.
Resignation found to be a dismissal; employer's appeal refusedTermination#forced resignation#general protections#sexual harassment
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Fair Work Commission · 22 April 2022
Sacked for asking a passenger to wear his mask properly, then reinstated
Ms Amie Logsdon v Surfside Buslines Pty Ltd
A Gold Coast bus driver asked a passenger to pull his mask up over his face, was sworn at, and called for police when he would not get off. Her employer dismissed her for serious misconduct, saying she had tried to enforce the mask mandate against company direction. The Fair Work Commission found there was no valid reason and ordered her reinstatement with lost pay.
Reinstated, with lost payTermination#unfair dismissal#misconduct#reinstatement
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Fair Work Commission · 20 April 2022
Head chef who hung up on HR loses his unfair dismissal claim
John Bell v Meedac Incorporated
The head chef of a motel in Mullewa, Western Australia, was dismissed after clashes with the employer's new HR manager. The Fair Work Commission found that his refusal to follow her directions, his failure to attend meetings and his discourteous conduct were a valid reason for dismissal, even though several of the employer's other allegations were not proven. His claim was dismissed.
Claim dismissedTermination#unfair dismissal#misconduct#procedural fairness
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Fair Work Commission · 12 April 2022
Manager who waited for Novavax loses unfair dismissal claim
Kathryn Roy-Chowdhury v The Ivanhoe Girls' Grammar School
A Melbourne girls' school dismissed its Risk and Compliance Manager after she stayed unvaccinated under Victoria's 2021 vaccination direction for education workers, saying she would wait for the Novavax vaccine. The Fair Work Commission found the dismissal was not unfair, because part of her job had to be done on site and the law barred her from being there. A Full Bench refused her permission to appeal.
Claim dismissed; appeal refusedTermination#unfair dismissal#covid-19 vaccination#procedural fairness
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Fair Work Commission · 11 April 2022
Mine technician sacked over harassment at camp loses his claim
Dean Dunlop v BHP Billiton WAIO Pty Ltd T/A BHP
A 58-year-old service technician at BHP's Yandi iron ore mine was stood down, investigated and summarily dismissed after two young contract cleaners complained of sexual harassment at the mine's accommodation village. He denied everything. The Fair Work Commission heard all three, preferred the cleaners' evidence, and found his dismissal was not unfair.
Claim dismissedTermination#unfair dismissal#misconduct#sexual harassment
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Fair Work Commission (Full Bench) · 8 April 2022
Demoted with a $13,873 pay cut, but not 'dismissed'
NSW Trains v Mr Todd James
After a misconduct investigation, NSW Trains decided to dismiss a long-serving shift manager, then reduced the penalty to a demotion that cut his pay by $13,873 a year. He kept his job and brought an unfair dismissal claim. A five-member Full Bench of the Fair Work Commission held that a demotion made under, and in line with, an enterprise agreement and regulation that treat demotion as separate from termination is not a dismissal, so his claim was dismissed.
Claim dismissed: demotion was not a dismissalTermination#unfair dismissal#misconduct#public sector
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Industrial Relations Commission of New South Wales · 31 March 2022
A senior prison officer's private-life assaults cost him his job
Sparkes v Industrial Relations Secretary in respect of the Department of Communities and Justice (Corrective Services NSW)
A senior correctional officer in New South Wales was found guilty of assaulting a junior co-worker with whom he had an affair. His employer terminated his employment, giving him the chance to resign first. He argued the conduct was private and never affected his work, but the NSW Industrial Relations Commission upheld the decision.
Appeal dismissed; termination upheldTermination#misconduct#public sector#procedural fairness
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Victorian Civil and Administrative Tribunal · 30 March 2022
Her manager was sacked, then rehired. She sued him personally
Leung v Chung (Human Rights)
A production coordinator complained that her manager had touched her and commented on her body. He was dismissed, she resigned days later, and he was re-engaged within a month. With the company in liquidation, she pursued him personally: the Victorian Civil and Administrative Tribunal found he had sexually harassed her and ordered him to pay $10,000 in general damages, but refused her claims for lost wages and aggravated damages.
$10,000 general damagesDiscrimination & bullying#sexual harassment#compensation
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Fair Work Commission · 24 March 2022
Escorted off site by police, but not dismissed until the letter came
Callum J Reynolds v Concrete Sleepers Victoria Pty Ltd
After a confrontation with the company's chief executive, Callum Reynolds was escorted off the site by police and told not to return. Three days later the company emailed him a letter terminating his employment "effective immediately". The Fair Work Commission held he was dismissed when that letter was sent, not on the day of the confrontation, so his general protections application was lodged in time.
Application in time; claim can proceedTermination#general protections#time limits
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Fair Work Commission · 24 March 2022
Qantas trainer sacked over a first aid demonstration is reinstated
Daniel Matthews v Qantas Airways Limited
A Qantas safety trainer was dismissed after a course participant complained that, during a first aid demonstration, he stared at her chest and made comments that humiliated her. When the Fair Work Commission heard both of them give evidence, most of her account was not accepted. It found there was no valid reason for the dismissal and ordered Qantas to reinstate him with lost pay, and a Full Bench refused Qantas permission to appeal.
Reinstated with lost payTermination#unfair dismissal#investigations#sexual harassment
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ACT Civil and Administrative Tribunal (Appeal Tribunal) · 18 March 2022
Union delegate spoke to the press, then faced possible counselling
Casino Canberra Limited v Kidman (Appeal)
Mr Kidman, a casino inspector and union delegate, told The Canberra Times that staff were in the dark about a pending sale of the casino. Two days later the casino's in-house lawyer wrote to him suggesting he may have breached the employee handbook and foreshadowing formal performance counselling. The ACT Civil and Administrative Tribunal found this was unlawful discrimination because of his industrial activity, and on appeal the $4,000 damages and $4,620 costs order stood.
$4,000 damages and $4,620 costs upheldDiscrimination & bullying#discrimination#general protections#investigations
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Industrial Relations Commission of New South Wales · 10 March 2022
Sacked over a Hitler meme of the Premier, but still compensated
Lichi v Industrial Relations Secretary on behalf of Department of Communities and Justice
A NSW child protection caseworker was dismissed after attending an anti-lockdown rally in breach of a public health order and sharing a Facebook image of the Premier with a Hitler moustache. The Commission found a valid reason and a fair process, but held the dismissal harsh given her personal circumstances, and ordered 12 weeks’ pay.
12 weeks’ pay compensationTermination#unfair dismissal#social media#public sector
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Fair Work Commission · 4 March 2022
She raised a real concern, then lost her job over how she argued it
Tiffany Stodart v The Employer
A supermarket supervisor in suburban Adelaide found out a co-worker had an old conviction and asked her employer to remove him. When it would not, she insulted two managers and a group of co-workers, was given a first and final warning, and was dismissed after a further outburst on the shop floor. The Fair Work Commission found a valid reason for the dismissal, and a Full Bench refused her permission to appeal.
Claim dismissed; permission to appeal refusedTermination#unfair dismissal#misconduct#procedural fairness
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Industrial Relations Commission of New South Wales · 25 February 2022
Officer removed for harassing a colleague: autism report not enough
Mounce-Stephens v Commissioner of Police
A senior constable who had already been demoted for sexual harassment kept asking a female colleague out during one shift, asked to message her and made a remark about a mattress. He was removed from the NSW Police Force. The Industrial Relations Commission upheld the removal, finding a psychiatrist's report of mild autism did not show the condition caused his conduct.
Removal upheld, application dismissedTermination#misconduct#sexual harassment#disability
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Fair Work Commission · 22 February 2022
1,260 personal texts at work, and the dismissal was fair
Lynda Murphy v Clear Day Pty Ltd
A safety manager on $48 an hour ran a growing farm stay business from her desk, sending hundreds of texts during work hours. After a firm verbal warning to switch her phone off, she carried on, and was dismissed without being asked for her side. The Fair Work Commission found valid reasons and held the dismissal was not unfair, despite the flaws in the process.
Claim dismissedTermination#unfair dismissal#misconduct#procedural fairness
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Fair Work Commission · 25 January 2022
Paid late six times in 2021, he quit, and it counted as a dismissal
James McKay v Astro Aero Pty Ltd
A draftsman at a company building a prototype freight aircraft was paid late in six months of 2021, once by 53 days. He resigned. The Fair Work Commission found the late pay left him no real choice, so his resignation counted as a dismissal and his claim could go ahead.
Found to be dismissed; employer's objection rejectedProblems at work#forced resignation#general protections#underpayment
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Fair Work Commission · 19 January 2022
No work for 21 months: stevedore wins the right to take redundancy
Construction, Forestry, Maritime, Mining and Energy Union v Qube Ports Pty Ltd T/A Qube Ports & Bulk
When COVID-19 shut cruise ships out of Sydney Harbour, a 60-year-old stevedore had no work for 21 months and was eventually stood down without pay. His employer refused to let him take voluntary redundancy, saying the ships would come back. The Fair Work Commission held that the enterprise agreement's downturn clause required the employer to declare his position redundant and offer him a voluntary redundancy, and a Full Bench refused the employer permission to appeal.
Voluntary redundancy orderedTermination#redundancy#contracts
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Fair Work Commission · 18 January 2022
Sacked on the spot after accidentally running over the boss's galah
Blake O'Keeffe v The Trustee for Dunshea Family Trust
A young labourer at a two-person family fencing business accidentally ran over the owner's pet galah while reversing a truck, after trying to move the bird to safety. He was dismissed for negligence in a meeting that lasted no more than six minutes. The Fair Work Commission found it was an accident, not misconduct, and ordered $8,287.78 in compensation.
$8,287.78 compensationTermination#unfair dismissal#small business#misconduct
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Fair Work Commission · 24 December 2021
Crane operator sacked on the spot for joining a lockdown protest
Omar Chebbo v Major Crane Logistics Pty Ltd
A Melbourne mobile crane operator was dismissed on the spot the day after he attended an unlawful protest outside a union office during the 2021 lockdown. The Fair Work Commission found his employer had a valid reason to dismiss him, but that sacking him without notice was harsh, and ordered compensation equal to four weeks' pay.
Four weeks' pay in compensationTermination#unfair dismissal#misconduct#compensation
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Fair Work Commission · 23 December 2021
Crossing supervisor of 12 years sacked over one exchange at the lights
Rolando Locastro v City of Darebin
A school crossing supervisor employed by a Melbourne council since 2009 was summarily dismissed after a young woman complained that he touched her hair, stared at her chest and made a sexual comment at his crossing. He denied it all and said the investigation was unfair. The Fair Work Commission believed her, found the council's process fair, and held that his age and clean record did not make the dismissal harsh.
Claim dismissedTermination#unfair dismissal#misconduct#sexual harassment
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Queensland Industrial Relations Commission · 6 December 2021
Prison officer dozed on duty because of sleep apnoea he didn't know about
Weaver v State of Queensland (Queensland Corrective Services)
A Queensland correctional officer was dismissed for misconduct after CCTV showed him briefly dozing on three long observation shifts. He had severe sleep apnoea that nobody, including him, knew about. The Queensland Industrial Relations Commission found that involuntary microsleeps were not misconduct, that the process was unfair, and ordered him reinstated with lost pay.
Reinstated with lost payTermination#unfair dismissal#misconduct#procedural fairness
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Fair Work Commission · 29 November 2021
Engineer's work was below par, but his sacking was still unfair
Rohieth Lakhan v Bustech Group Pty Ltd T/A BustechGroup
A senior engineer at a bus manufacturer was moved to simpler work, told he would be "performance managed", and then dismissed with immediate effect after one of his drawings halted production. The Fair Work Commission found there was a valid reason to dismiss him for poor performance, but the process was so poor that the dismissal was harsh and unjust. He was awarded eleven weeks' pay.
$21,471.15 compensation plus superTermination#unfair dismissal#performance#procedural fairness
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Fair Work Commission · 25 November 2021
Tram driver's late claim allowed after his employer gave him wrong advice
Deraine Rodrigo v KDR Victoria Pty Ltd
A Melbourne tram driver of 34 years was dismissed because a medical condition stopped him working. His termination letter wrongly told him he could appeal internally, and the company only corrected that the day after his 21 days to claim unfair dismissal ran out. The Fair Work Commission found exceptional circumstances and let his late claim proceed, despite doubts about its merits.
Extension of time grantedTermination#unfair dismissal#time limits#disability
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Fair Work Commission · 16 November 2021
An HR manager's nine bullying complaints, and why none succeeded
Application by Ms Y
A school's human resources manager asked the Fair Work Commission to stop what she said was bullying by her manager, the deputy principal and the principal. She relied on nine incidents over about eight months. The Commission found that, judged objectively, each was reasonable management action, and dismissed her application.
Stop-bullying application dismissedDiscrimination & bullying#bullying#for employers
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Fair Work Commission · 12 November 2021
Hotel worker stood down for refusing reduced hours during COVID
Kiah Anastasia Shanks v Schwartz Family Co
A full-time receptionist at a Gold Coast hotel would not agree to a temporary cut in her hours during the 2021 COVID downturn, and was stood down without pay. The Fair Work Commission found the stand down was not authorised by the Fair Work Act, because the hotel was still trading. But weighing fairness to the hotel and its other staff, it refused to order the hotel to pay her for the lost time.
Stand down not authorised, but no pay orderedProblems at work#contracts#for employers
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Supreme Court of New South Wales · 10 November 2021
Paramedic of 25 years loses court fight against COVID vaccine orders
Larter v Hazzard (No 2)
A NSW paramedic who objected to COVID-19 vaccination on religious grounds asked the Supreme Court of New South Wales to strike down the 2021 public health orders that stopped unvaccinated health care workers from working. The Court dismissed his case, finding the orders were reasonably open to the Health Minister, and later ordered him to pay the State's legal costs.
Challenge dismissed, ordered to pay the State's costsProblems at work#covid-19 vaccination#public sector
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Fair Work Commission (Full Bench) · 10 November 2021
Cleared of every allegation, then refused his job back, until the appeal
Wally Moszko v Simplot Australia Pty Ltd
A shift feeder with about 23.5 years' service at a Tasmanian potato factory was dismissed over five allegations about cleaning the potato bunkers. The Fair Work Commission found none of them proved, but refused to give him his job back because the employer had supposedly lost trust in him. On appeal, the Full Bench found that loss of trust had no sound basis and ordered him reinstated with back pay.
Reinstated with back pay and continuity of serviceTermination#unfair dismissal#reinstatement#misconduct
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Federal Circuit and Family Court of Australia (Division 2) · 5 November 2021
Told to pay union dues or find a job where the wage "sucks"
Tyson v Heiko Constructions trading as Heiko Constructions Pty Ltd
A building patcher on a Gold Coast tower project quit the CFMEU over its handling of a safety accident. His foreman called him into the office and told him that if he did not pay the union he could find other work, for a wage that "sucks". The court found the employer had unlawfully coerced him, imposed a $60,000 penalty payable to him and awarded $7,000 for his distress, but his claim about his later dismissal failed.
$60,000 penalty ordered paid to him, plus $7,000 compensationTermination#general protections#penalties#compensation
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Fair Work Commission · 4 November 2021
Lost contract, new job, but redundancy pay still owed
Savco Vegetation Services Pty Ltd
A vegetation management company lost a major contract and made workers redundant. It helped the rival that won the contract recruit them, then asked the Fair Work Commission to cut nine workers' redundancy pay to nil. The Commission dismissed the application: the company had not obtained the new job, and the new job was not acceptable anyway.
Redundancy pay not reducedPay & contracts#redundancy#for employers#contracts
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Fair Work Commission · 28 October 2021
Sacked after a drug test showed cannabis 19 times over the limit
Masters v Wilmar Sugar Pty Ltd
An IT project manager at Wilmar Sugar was directed to take a drug and alcohol test after concerns about his behaviour, attendance and performance. His urine sample showed cannabis at more than 19 times the cut-off in the company's Fit for Duty Procedure, and he was dismissed. The Fair Work Commission found the breach of the procedure was a valid reason, whether or not he was impaired and whether or not he took the drug knowingly.
Unfair dismissal claim dismissedTermination#unfair dismissal#drugs & alcohol#misconduct
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Fair Work Commission · 12 October 2021
Made redundant by her husband's company after they separated
Ranchod v Dog and Bone Holdings Pty Ltd
After she and her husband separated, a marketing director was made redundant by the company her husband ran as CEO. The Fair Work Commission found it was not a genuine redundancy: her job was still needed, and she could have been kept on part-time like everyone else. The dismissal was unfair and she was awarded compensation.
$27,068.65 compensationTermination#unfair dismissal#redundancy#compensation
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Fair Work Commission · 24 August 2021
Sacking letter sent to an email account he no longer used
Kevin Kendall v Fortescue Metals Group
A Western Australian worker who said he was on certified sick leave learned he had been dismissed only when he reopened an email account he had told his employer not to use. The employer's letter was dated 16 June 2021; he found it on 5 July 2021 and applied on 11 July 2021. The Fair Work Commission held that the dismissal took effect when he found the letter, so his claim was in time.
Claim filed in time and allowed to proceedTermination#unfair dismissal#time limits
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Fair Work Commission · 12 August 2021
Told to wait for a wage subsidy, then told to resign
Crystelle Fakhri v MVS Business Partners Pty Ltd
After five weeks of work in a new job, a worker said she had still not been paid. Her employer said it was waiting on a government wage subsidy and, when she pressed, told her to resign. The Fair Work Commission found her resignation was forced, and said the subsidy had nothing to do with her right to be paid.
Found forced to resign; employer's objection dismissedProblems at work#forced resignation#general protections#underpayment
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Fair Work Commission · 6 August 2021
Took a phone call on a forklift after 23 years, and got his job back
Michael Hudson v Metcash Trading Limited
A storeperson at a Metcash distribution centre answered a personal call while driving a forklift, breaking a safety rule he knew about. Metcash ran a careful process and dismissed him for serious misconduct. The Fair Work Commission agreed there was a valid reason, but found dismissal for a single breach after 23 years of clean service was harsh, and ordered his reinstatement. A Full Bench dismissed Metcash's appeal.
Reinstated, with $9,336 lost payTermination#unfair dismissal#misconduct#health & safety
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Fair Work Commission · 6 August 2021
A supervised solicitor said he was an employee. The Commission said no
Prateek Patial v Kailash Lawyers Pty Ltd T/A Kailash Lawyers and Consultants
A newly admitted solicitor joined a small law firm for supervised practice on a fee-share agreement that said he was not an employee. After police escorted him from the office and the firm ended the arrangement, he claimed unfair dismissal. The Fair Work Commission found he was not an employee and, in the alternative, that the termination complied with the Small Business Fair Dismissal Code.
Claim dismissed: not an employeeProblems at work#contractors#unfair dismissal#small business
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Guide · first published July 2021
Can your employer make you get vaccinated?
In 2021 the Fair Work Commission decided three unfair dismissal claims by care and childcare workers who were dismissed for refusing a flu vaccination. All three lost. This guide explains the test the Commission applied and why medical evidence mattered.
GuideTermination#covid-19 vaccination#unfair dismissal#health & safety
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Fair Work Commission · 27 July 2021
A new store manager, a final warning and a stop-bullying order
Tao (Selina) Qu v Monards Gold Coast Pty Ltd; Tak Wing Wong
A long-serving supervisor at a Surfers Paradise jewellery and watch store applied for an order to stop bullying by the team leader brought in above her. The Fair Work Commission went through each incident she raised, found many but not all of them were unreasonable behaviour, and made an order to stop the bullying.
Stop-bullying order madeDiscrimination & bullying#bullying#performance#procedural fairness
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Fair Work Commission · 19 July 2021
Sacked for signing off a label his leading hand told him to sign
Misgina Gebremedhin v Inghams Enterprises Pty Ltd
A Perth weigh-and-label operator at a food distribution centre was dismissed after 16 boxes of turkey roast were mislabelled. At the hearing a co-worker confirmed the leading hand had told him to "just sign and go". The Fair Work Commission found the dismissal harsh, but awarded him only six weeks' pay, partly because he knew the shortcut was wrong.
$5,610 compensationTermination#unfair dismissal#investigations#misconduct
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Fair Work Commission · 13 May 2021
Sacked for saying she felt like knocking a co-worker off her perch
Carol Whitfield v Primo Foods Pty Ltd
A meat process worker with nearly 11 years' service was dismissed after telling her supervisors she "felt like knocking" a co-worker "off her perch" during a stressful shift on a bacon line. The employer called it a threat of violence. The Fair Work Commission found it was an angry, unacceptable remark but not a threat, held there was no valid reason for dismissal, and ordered her reinstatement.
Reinstated with continuity of serviceTermination#unfair dismissal#misconduct#procedural fairness
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Fair Work Commission · 6 May 2021
Sacked over a sexual Facebook meme in a 'robust' sales office
Mr Matthew Thompson v 360 Finance Pty Ltd
A finance broker with seven years' service posted a sexual meme about a female colleague on his personal Facebook page, then a crude follow-up when people were upset. He was summarily dismissed. The Fair Work Commission rejected his argument that the office's crude culture excused it and found the dismissal was fair.
Claim dismissedTermination#unfair dismissal#social media#misconduct
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Fair Work Commission · 28 April 2021
Teacher warned and kept on, then sacked: was it unfair?
Simon Parris v Trustees of Edmund Rice Education Australia T/A St Kevin's College
A Melbourne teacher was formally warned in June 2019 over his conduct towards a student, given a final warning in October and kept on. In February 2020 a new acting principal dismissed him in a rushed meeting. The Fair Work Commission found serious flaws in the process, but held the dismissal was not unfair because the misconduct, including what the teacher had not admitted, was serious.
Claim dismissedTermination#unfair dismissal#misconduct#procedural fairness
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Fair Work Commission · 26 April 2021
Sacked for recommending a rival swim school on Facebook
Jasmine Besanko v R.B. Aquatics Pty Ltd T/A Swimmers
A 19-year-old casual swim instructor answered a community Facebook post by recommending a rival swim school, where she also worked. Her employer of three years dismissed her on the spot for disloyalty. The Fair Work Commission found the dismissal unfair, but awarded no compensation because she had lost no earnings.
Unfairly dismissed, but no compensationTermination#unfair dismissal#social media#small business
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Fair Work Commission · 20 April 2021
Childcare educator sacked for refusing a free flu shot
Ms Bou-Jamie Barber v Goodstart Early Learning
A long-serving childcare educator in Queensland was dismissed after she refused the flu vaccine her employer made compulsory in 2020 and could not get a doctor to support a medical exemption. The Fair Work Commission found the vaccination rule was a lawful and reasonable direction, and that refusing to follow it was a valid reason for dismissal. Her unfair dismissal claim was dismissed.
Claim dismissedTermination#unfair dismissal#misconduct#covid-19 vaccination
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Fair Work Commission · 29 March 2021
The mine said his job had gone, but nobody proved it
Peter Guinea v Workpac Pty Ltd
A labour hire haul truck operator at a Queensland coal mine was told the mine no longer needed him and was made redundant during the COVID-19 border closures. The Fair Work Commission found the labour hire company had not proved the job was really gone and had not consulted him as its enterprise agreement required, so the dismissal was unfair. Because the border would have kept him from working for most of the period, compensation was small.
$1,928.06 compensationTermination#redundancy#unfair dismissal#compensation
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Fair Work Commission · 19 March 2021
Mushroom picker sacked over a knife on the wrong hook
Helen Robertson v Imperial Mushrooms Pty Ltd
A mushroom picker with almost 15 years' service hung her harvesting knife on the wrong hook at the end of a shift. Her employer called it serious misconduct and handed her a pre-prepared dismissal letter. The Fair Work Commission found it was an unintended mistake, not serious misconduct, and awarded her $19,240.
$19,240 compensationTermination#unfair dismissal#misconduct#procedural fairness
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Fair Work Commission · 12 February 2021
Made redundant by email in lockdown, with no conversation
Michelle Sposito v Maori Chief Hotel
A chef with about 15 years at a South Melbourne hotel was made redundant by email when the business closed during the 2020 COVID-19 lockdown. The Fair Work Commission accepted her job really had gone, but found the dismissal was not a genuine redundancy and was unfair, because the employer never consulted her as the award required.
Dismissal unfair: compensation for two weeksTermination#redundancy#unfair dismissal#small business
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Federal Circuit Court of Australia · 26 August 2020
Juice bars and their manager hit with almost $277,000 in penalties
Fair Work Ombudsman v Skypac Group Pty Ltd & Ors
Two companies running juice bars in Werribee and Geelong underpaid almost thirty workers under the Fast Food Industry Award, kept false pay and time records, and made one worker hand money back. After the companies and their general manager admitted the contraventions, the Federal Circuit Court ordered penalties totalling $276,929.75.
$276,929.75 in penaltiesPay & contracts#underpayment#penalties#for employers
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Fair Work Commission · 25 August 2020
Warnings, a PIP, then cables pulled without approval: sacking upheld
Frederikus Hogendorn v Nokia Solutions and Network T/A Nokia
A manager of a Brisbane telephone exchange run by Nokia for a mobile network customer was warned repeatedly over 14 months and placed on a performance improvement plan. In December 2019, with a final written warning in place, the customer complained that he had removed cables and equipment from its site without its approval. The Fair Work Commission found that breach was a valid reason for dismissal and that the process had been fair, and dismissed his unfair dismissal claim.
Claim dismissedTermination#unfair dismissal#performance#misconduct
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Fair Work Commission · 20 August 2020
Sacked for coughing at a nurse during a COVID temperature check
Hooshmand v Cater Care Australia Operations Pty Ltd
In the first weeks of the COVID-19 pandemic, a catering assistant at a Sydney aged care home coughed directly at a registered nurse who was checking his temperature. He was dismissed a week later. The Fair Work Commission found the conduct was a valid reason for dismissal, whether or not the cough was deliberate, and dismissed his unfair dismissal claim.
Unfair dismissal claim dismissedTermination#unfair dismissal#misconduct#health & safety
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Federal Court of Australia · 20 August 2020
Told she was welcome back, then told to wait for her second baby
Fair Work Ombudsman v Austrend International Pty Ltd (No 2)
After her first baby, Ms Aragon agreed a full-time return date with her Perth employer. When she told them she was pregnant again, they extended her unpaid leave and then denied any agreement. The Federal Court, on the employer's admission, found adverse action because of her sex and pregnancy, ordered $2,000 compensation and ordered the company and its director to pay penalties.
$2,000 compensation and $18,300 in penaltiesDiscrimination & bullying#pregnancy & carers#discrimination#general protections
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South Australian Employment Court · 14 August 2020
Servo chain ordered to pay $64,800 over unpaid shift starts and breaks
Mathew v Shahin Enterprises Pty Ltd
A trainee console operator at an Adelaide petrol station had to start work before his rostered time every shift without pay, had pay docked for meal breaks he never took, and was paid no overtime loading. His underpayment came to $2,663.91. The South Australian Employment Court ordered his former employer to pay him $64,800 in civil penalties.
$64,800 in penalties, payable to the workerPay & contracts#underpayment#penalties
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Fair Work Commission · 13 August 2020
She secretly recorded her manager, and it cost her reinstatement
Angele Chandler v Bed Bath N' Table
A casual sales assistant at a Bed Bath N' Table store in Melbourne was dismissed after a dispute about her shifts. The Fair Work Commission found none of the employer's reasons stood up and that the dismissal process was badly flawed, so the dismissal was unfair. But she had secretly recorded two conversations with managers, and the Commission found that was itself a valid reason for dismissal. It refused to give her job back.
Unfairly dismissed; $4,495.64 compensation, no reinstatementTermination#unfair dismissal#procedural fairness#misconduct
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Fair Work Commission · 5 August 2020
Told to move centres and change nappies, a teacher quit and won her job back
Penelope Mary Kathleen Phair v Active Kids Pre School Centre of Excellence Pty Ltd
An experienced early childhood teacher at a Bondi childcare centre was told, without any consultation, that she was being moved permanently to another centre to care for babies on fewer hours. She resigned through her solicitors and claimed unfair dismissal. The Fair Work Commission found the employer had forced her to resign, that the dismissal was unfair, and ordered her reinstatement with continuity of service and lost pay.
Reinstated, with lost pay restoredProblems at work#forced resignation#unfair dismissal#reinstatement
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Fair Work Commission · 31 July 2020
Made 'redundant' after the former owner's wife wanted him gone
Tony Podesta v Catering Equipment Discounters Pty Ltd
After a heated confrontation with the former owner's wife, a 59-year-old sales manager was told he had to go, and weeks later was handed a redundancy letter. The Fair Work Commission found the dismissal was not a genuine redundancy, that keeping the peace in a marriage was not a valid reason, and ordered $34,615.40 in compensation.
$34,615.40 compensation plus superannuationTermination#unfair dismissal#redundancy#procedural fairness
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Fair Work Commission · 30 July 2020
Demoted, replaced and accused in six days, a farm manager quit
Isabelle Cowley v The Trustee for the Hawthorn Furphy Farms Trust T/A Van Eyk Horses
Within a week of being sent a contract that demoted her, a horse farm manager found her job advertised, her duties stripped and herself accused of pocketing money. She resigned. The Fair Work Commission found the resignation was forced, that it was a dismissal, and that it was unfair.
$5,733.33 compensationProblems at work#forced resignation#unfair dismissal#small business
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Guide · first published April 2020
What an employment lawyer can help with, for workers and businesses
Employment law covers the whole working relationship, from the contract you sign to the way the job ends. This guide sets out the kinds of problems an employment lawyer commonly helps employees and businesses with, and the claims and deadlines that often sit behind them.
GuideTermination#unfair dismissal#general protections#contracts
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Guide · first published April 2020
Illness, caring and discrimination: what COVID-19 taught us
This article was first written in April 2020, early in the COVID-19 pandemic. The emergency rules of that time have ended, but the questions it raised have not: what protects you if you are sick, caring for someone, or treated differently because of your race, and what leave you can take. This updated version sets out the law as it stands in 2026.
GuideDiscrimination & bullying#discrimination#general protections#leave
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Guide · first published April 2020
How to choose an employment lawyer: five practical tips
Choosing a lawyer for a workplace problem can feel daunting, especially when time is short. This guide sets out five practical things to look for and to do, from checking costs at the start to preparing for your first meeting.
GuideTermination#unfair dismissal#time limits
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Guide · first published March 2020
What not to do when you end someone's employment
Most dismissals that end in a claim go wrong in the same few ways: no valid reason, no warning, no chance to respond, a text message, or an unlawful reason. This guide walks through each mistake with the decisions that show what the Fair Work Commission and the courts expect.
GuideTermination#for employers#unfair dismissal#procedural fairness
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Guide · first published March 2020
Problems at work: unfair dismissal, adverse action and what to do next
If you have been dismissed, expect to be, or think you are being treated badly at work, two sets of rules in the Fair Work Act usually matter: unfair dismissal and the general protections. This guide explains both in plain terms and why timing matters.
GuideTermination#unfair dismissal#general protections#procedural fairness
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Guide · first published January 2020
What counts as unlawful discrimination at work
It is unlawful for an employer to treat a worker or job applicant worse because of a protected attribute such as sex, age, race, disability or pregnancy. This guide explains the protected attributes, the defences an employer can rely on, where a claim can be made and how the process usually starts.
GuideDiscrimination & bullying#discrimination#general protections
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Guide · first published December 2019
General protections claims: the basics
The general protections in the Fair Work Act stop an employer from dismissing you, or otherwise treating you badly, for a prohibited reason: because you complained, took leave, joined a union or have a protected attribute. This guide explains what is protected, what counts as adverse action, who can claim and how a claim runs.
GuideTermination#general protections#discrimination#time limits
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Guide · first published December 2019
Unfair dismissal law in plain English
An unfair dismissal claim asks the Fair Work Commission to decide whether a dismissal was harsh, unjust or unreasonable. This guide explains who can claim, what counts as a dismissal (including a forced resignation), what the Commission considers, and what it can order.
GuideTermination#unfair dismissal#forced resignation#small business
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Fair Work Commission · 18 July 2019
Teacher sacked for naming a farmer in class wins his job back
Russell Wakefield v Sunraysia Institute of TAFE
A TAFE teacher in Mildura was dismissed for serious misconduct after he named a well-known local farmer while telling his class a true story about herbicide spray drift. The Fair Work Commission found that naming the farmer was not misconduct at all, and that an earlier, already-warned email could not justify dismissal. It ordered him reinstated, with continuity of service and part of his lost pay.
Reinstated, with 24 weeks' pay less earningsTermination#unfair dismissal#misconduct#procedural fairness
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Federal Court of Australia · 1 July 2019
Union delegate sacked weeks after joining up ordered back until trial
Trego v Wesbeam Pty Ltd
A factory hand at a Melbourne timber plant became the union's delegate during enterprise bargaining. Within weeks he had lost his overtime, been warned and been dismissed. The Federal Court found he had a strong arguable case of adverse action and ordered him reinstated until the claim could be tried.
Reinstated until trialTermination#general protections#reinstatement#investigations
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Fair Work Commission · 18 June 2019
Hours cut after a harassment complaint: resignation or dismissal?
Andrew Jackson Wood v Delshine Pty Ltd
A Perth worker who had made and delivered cleaning chemicals for a family business for more than 20 years complained that his former mother-in-law was harassing him at work, and the business responded by cutting his hours. After a heated argument it treated him as having quit. The Fair Work Commission found he had been dismissed, unfairly, and ordered four weeks' pay in compensation.
Four weeks' pay compensationProblems at work#forced resignation#unfair dismissal#sexual harassment
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Fair Work Commission · 5 June 2019
Warned on sales, then paid less in a new role before pay was agreed
John Simon v NGS Group Pty Ltd ATF NGS Discretionary Unit Trust
After 18 years with a small signage business, a struggling account manager asked about a move back to the tools and was given a written performance warning. The business started paying him a lower hourly rate before the new pay had been agreed. The Fair Work Commission found the pay cut repudiated his contract, that he was dismissed when he accepted that, that the dismissal was unfair, and ordered $36,280 in compensation.
$36,280 compensationTermination#unfair dismissal#forced resignation#performance
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Fair Work Commission · 14 January 2019
Apprentice sacked by abusive text ultimatum wins unfair dismissal
Mr Jordan Lamacq v Smerff Electrical
An apprentice electrician was given an abusive text ultimatum by his employer: hand over information about a former co-worker or lose his job. The Fair Work Commission found he had been dismissed, that the small business had not followed the Small Business Fair Dismissal Code, and that the dismissal was unfair. He was awarded $11,400, and a Full Bench refused the employer permission to appeal.
$11,400 compensationTermination#unfair dismissal#small business#procedural fairness
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Fair Work Commission · 17 December 2018
Sacked over a police check, but a false résumé cost him any remedy
Kelvin Njau v Superior Food Group Pty Ltd
A Melbourne food company dismissed a storeworker for failing a National Police Check, more than a year after it received his full criminal record. The Fair Work Commission found the dismissal unfair. But at the hearing he admitted inventing five years of work history on his résumé, so he got neither his job back nor compensation.
Unfair, but no compensation or reinstatementTermination#unfair dismissal#misconduct#procedural fairness
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Fair Work Commission · 13 December 2018
Cash guard sacked after $58,710 went missing wins her job back
Bedford v Linfox Armaguard Pty Ltd
An armoured-car crew leader was summarily dismissed after a bag holding $58,710 was left in her truck's transfer safe and later stolen from a repair workshop. The Fair Work Commission found she had been careless, but that she was only one link in a chain of failures, many of them the company's own. It ordered her reinstatement with most of her lost pay.
Reinstated, plus $40,792.25 lost payTermination#unfair dismissal#misconduct#procedural fairness
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Fair Work Commission · 20 November 2018
Moved to a new office, a new father's commute grew to over five hours
Association of Professional Engineers, Scientists and Managers, Australia v NSW Electricity Networks Operations Pty Limited t/a TransGrid
A Sydney project manager with a new baby was directed to move from the Ultimo office to Wallgrove, and his bike, ferry and train commute grew to more than 5 hours a day. His contract allowed transfers that did not impose unreasonable hardship. The Fair Work Commission found the hardship was real but not unreasonable, and dismissed the dispute.
Relocation upheld; dispute dismissedProblems at work#contracts#redundancy#for employers
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Guide · first published October 2018
Eight rights every Australian employee should know
Most Australian employees have a core set of legal protections at work: the right to raise a complaint, to be paid correctly, to be free from discrimination, bullying and sexual harassment, and not to be dismissed unfairly. This guide explains each one, the limits on it, and the deadlines that apply.
GuideTermination#general protections#unfair dismissal#discrimination
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Fair Work Commission · 28 August 2018
Removed from a mine site by the client, reinstated by the Commission
Ms Kim Star v WorkPac Pty Ltd T/A WorkPac Group
A casual machinery operator had worked at a Queensland coal mine through the labour hire company WorkPac for four years when the mine's operator told WorkPac it no longer needed her, without giving a reason. WorkPac said it had only ended her assignment, not her employment. The Fair Work Commission found she had been dismissed, unfairly, and ordered her reinstatement with lost pay.
Reinstated, with $4,475 lost payTermination#unfair dismissal#casual work#procedural fairness
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Fair Work Commission · 4 July 2018
Sacked for a resume that stretched one job by four years
Charles Tham v Hertz Australia Pty Limited T/A Hertz
A Hertz vehicle services attendant was dismissed after the company found his resume claimed five years with a former employer when he had worked there for less than one. The Fair Work Commission found the false dates were deliberate, gave Hertz a valid reason, and outweighed the company's rushed process. A Full Bench refused him permission to appeal.
Claim dismissedTermination#unfair dismissal#misconduct#procedural fairness
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Guide · first published May 2018
Eight ways a dismissal can be unfair, and who can claim
Not everyone who loses their job can claim unfair dismissal, and no single mistake by an employer wins a claim on its own. This guide explains who is eligible, how the Fair Work Commission decides whether a dismissal was harsh, unjust or unreasonable, and eight common situations that can point towards unfairness.
GuideTermination#unfair dismissal#procedural fairness#redundancy
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Fair Work Commission · 29 March 2018
She reported her boss's drink-driving, then was sacked on a hunch
Hayley Bond v Wynbob Pty Ltd
Ms Bond reported her boss's apparent drink-driving to the franchisor. Months later he sacked her on the spot, convinced she had leaked news that the store was closing. The Fair Work Commission found she had not, that the Small Business Fair Dismissal Code did not protect the employer, and that the dismissal was unfair.
$2,565.18 compensation plus superannuationTermination#unfair dismissal#small business#misconduct
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Fair Work Commission · 29 March 2018
Stripped of his supervisor role and pay: was that a dismissal?
Leigh Priest v Albury Blue Logistics
For four years a forklift driver at a Melbourne transport depot was paid an extra $80 a week as its Metro Supervisor. His employer then took the role and the payment away, without telling him why or letting him respond. The Fair Work Commission found that the demotion was a dismissal, that it was unfair, and ordered $5,136 in compensation.
$5,136 compensationTermination#unfair dismissal#procedural fairness#compensation
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Federal Circuit Court of Australia · 22 March 2018
Sacked five months in after sick days: court lets her claim proceed
McCulloch v Transport Workers' Union of Australia Western Australian Branch
A Perth employee of the Transport Workers' Union was dismissed five months into the job after taking time off for her own illness and to care for her father. The Union asked the Federal Circuit Court to throw out her general protections claim before trial, arguing she had used far more personal leave than she had accrued. The Court refused: her claim was arguable and had to go to a hearing.
Union's bid to throw out her claim refusedTermination#general protections#leave
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Fair Work Commission · 6 December 2017
Sacked over harassment claims the Commission found were not proved
Wilson v Anglo Coal (Moranbah North Management) Pty Ltd
A mine technician with nearly seven years' service was dismissed after a former trainee alleged, in her exit interview, that he had touched her and made a sexual comment months earlier. The Fair Work Commission found the employer had not proved the conduct with clear and cogent evidence, held the dismissal unfair and ordered his reinstatement.
ReinstatedTermination#unfair dismissal#misconduct#investigations
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Federal Circuit Court of Australia · 24 November 2017
Security officer loses obesity discrimination claim after site removal
Findley v MSS Security Pty Ltd
A security officer who opposed his employer's new enterprise agreement was accused of hiding past work from his resume, then removed from his university post at the client's request and dismissed after refusing roles that involved walking. The Federal Circuit Court found the accusation was wrong, but that it was not made because of his bargaining activity, and that he was not discriminated against because of his obesity.
Claim dismissedDiscrimination & bullying#disability#discrimination#general protections
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Fair Work Commission · 9 August 2017
A pilot filed the wrong dismissal claim on advice, and got a second chance
Michael Edwards v Tiger Airways Australia Pty Ltd T/A Tigerair
Tigerair made pilot Michael Edwards redundant. The adviser he went to lodged an unfair dismissal claim on time, but it was the wrong kind of claim for a high earner who had already received a large termination payment. When he lodged the right claim, a general protections application, it was 29 days late. The Fair Work Commission found the delay was the adviser's error, not his, and gave him the extra time.
Extension of time granted; claim can proceedTermination#general protections#unfair dismissal#time limits
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Guide · first published July 2017
What happens at a Fair Work Commission conciliation
Most unfair dismissal and general protections dismissal claims start with a conciliation: a confidential, informal conference run by the Fair Work Commission to see whether the dispute can be settled. This guide explains the rules, how the conference runs, what happens if it does not settle, and what a settlement usually contains.
GuideTermination#unfair dismissal#general protections#compensation
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Fair Work Commission · 18 July 2017
Sacked over an early book delivery and a bullying claim nobody proved
Biffin v XL Express Pty Ltd
A depot manager with 24 years at a freight company was dismissed on the spot over an embargoed book delivered a day early and an allegation that he was a bully. The Fair Work Commission found the bullying claim rested on hearsay, the delivery mistake did not justify dismissal, and he was never given a chance to respond. It ordered $48,432.69 in compensation.
$48,432.69 compensation plus superannuationTermination#unfair dismissal#procedural fairness#investigations
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Fair Work Commission · 14 July 2017
Cleaner sacked by phone four days before her doctor cleared her
Veronica Bennett v Colin Joss & Co Pty Limited T/A Joss Facility Management
A part-time cleaner recovering from foot and ankle surgery told her employer she would see her doctor on 10 February 2017. Four days before that appointment, the employer decided during a phone call that she could no longer do her job and dismissed her on the spot. Her doctor cleared her to return to work. The Fair Work Commission found there was no valid reason and no fair process, and ordered her reinstatement with lost pay.
Reinstated, with lost payTermination#unfair dismissal#procedural fairness#reinstatement
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Guide · first published May 2017
Race discrimination at work: proving the reason is the hard part
The Fair Work Act stops an employer taking adverse action against an employee or job applicant because of their race. Being treated badly is not enough on its own: the claim turns on why the employer acted. This guide explains the test, the reverse onus, and a case where an accent-based claim failed.
GuideDiscrimination & bullying#discrimination#general protections
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Fair Work Commission · 6 April 2017
Fired in a one-minute phone call over a crude Facebook post
Colby Somogyi v LED Technologies Pty Ltd
A travelling sales representative posted a crude, insulting status on his personal Facebook page during a work day. His managing director fired him in a phone call that lasted about a minute and, the Commission found, apparently without giving him the reason. The Fair Work Commission found the post was not aimed at the business, the employer had not shown he knew of its social media policy, and he had no chance to respond. It awarded him $6,238.
$6,238 compensationTermination#unfair dismissal#social media#procedural fairness
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Fair Work Commission · 5 April 2017
Sacked by his own father without a word of warning
Anthony William Pomering v Ronpom Pty Ltd T/A Millers Turf Farm
The general manager of a family turf farm was sacked by letter from his father, the company's sole director, for an allegedly unauthorised $5,000 transfer, taking the work computer home and $990 in missing cash. None of it had been put to him first. The Fair Work Commission found there was no valid reason and no fair process, and that the small business code did not save the dismissal.
$8,384.60 compensationTermination#unfair dismissal#small business#procedural fairness
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Guide · first published March 2017
Dismissed because of a disability? Four cases on how the law works
The Fair Work Act protects employees from being dismissed or otherwise treated badly because of a physical or mental disability. This guide explains how a general protections claim on that ground works, and why the employer has to prove its reason, through four court decisions: two workers who won and two who did not.
GuideDiscrimination & bullying#general protections#disability#discrimination
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Fair Work Commission · 27 February 2017
Basketball coach asks about missing pay and is told he is sacked
Kerle v Basketball Tek Academy Pty Ltd T/A Basketballtek
A basketball coach and administrative officer chased up a week of missing wages and was told in the return phone call that he was sacked with immediate effect. His employer called it a redundancy, but it had not consulted him as the award required, and a part-time coach was offered his job the same day. The Fair Work Commission found the dismissal unfair and ordered compensation.
$6,730.78 compensation plus superTermination#unfair dismissal#redundancy#procedural fairness
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Guide · first published February 2017
Forced to resign: when quitting counts as a dismissal
You can usually claim unfair dismissal only if you were dismissed, and resigning normally ends that claim before it starts. But the law treats some resignations as dismissals: where your employer forced you to resign, or where a resignation given in distress was never a real one. This guide explains both, with two cases about unpaid wages that came out differently.
GuideProblems at work#forced resignation#unfair dismissal#underpayment
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Fair Work Commission · 16 February 2017
Stood down after an angry row, he believed he had been sacked
Lawson v Environet Australia Pty Ltd
After a heated argument over a safety document, a worker was told to pack his things, hand in his key and go. He believed he had been sacked and never returned, although his employer kept asking him back. The Fair Work Commission found he had only been stood down on pay, so there was no dismissal and his unfair dismissal claim failed.
Claim dismissed: no dismissalTermination#unfair dismissal#forced resignation
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Federal Court of Australia · 6 February 2017
Refused a police job over a spine condition: one win, one loss
Shizas v Commissioner of Police
A tax office lawyer who had long wanted to be a police officer was offered a place as an Australian Federal Police recruit, then refused because he had ankylosing spondylitis, a spinal condition that was well controlled. The Federal Court found the first refusal was unlawful discrimination because of his disability. A second refusal, made after a review, was upheld because it was made for the inherent requirements of the job, even though the decision-maker's belief about the risk to him was probably wrong.
Declaration of disability discrimination for the first refusal; second refusal upheldDiscrimination & bullying#disability#discrimination#general protections
Read the case studyGuide · first published January 2017
Can you be sacked for what you do after hours?
Your employer does not control your private life, but conduct outside working hours can still cost you your job if it is closely enough connected to work. Two 2015 Fair Work Commission decisions, one about a worker staying in employer-paid accommodation and one about drinks after a Christmas party, show where the line falls and why a fair process still matters.
GuideTermination#unfair dismissal#misconduct#sexual harassment
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Fair Work Commission · 10 January 2017
A blameless crash, a positive drug test, and a dismissal upheld
Albert v Alice Springs Town Council
A concrete finisher driving a council truck was hit by a car that failed to give way. A drug test after the crash found cannabis, and he was dismissed within a week. The Fair Work Commission found he had not been given a proper chance to respond, but held the dismissal was still not unfair.
Claim dismissedTermination#unfair dismissal#drugs & alcohol#procedural fairness
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Fair Work Commission · 7 December 2016
He walked out without explaining. His employer treated it as quitting
Mr A v The Respondent
A workshop employee left work abruptly one day, and his small employer, after taking advice, emailed him that he had resigned. The Fair Work Commission found he had not clearly resigned: the employer's own decision ended the job, there was no valid reason, and the dismissal was unfair. Because he was medically unfit for work anyway, he received two weeks' pay.
Two weeks' pay compensationTermination#unfair dismissal#small business#for employers
Read the case studyGuide · first published November 2016
Can you be sacked for swearing at work?
Swearing at work can cost someone their job, but it is rarely enough on its own. Three Fair Work decisions show that the Commission looks at who the words were aimed at, who heard them, how the workplace usually talks, and whether the worker was given a fair chance to explain.
GuideTermination#misconduct#unfair dismissal#procedural fairness
Read the guideGuide · first published November 2016
Bullied at work? What the law counts as bullying and how to stop it
Under the Fair Work Act 2009 (Cth), you are bullied at work if someone repeatedly behaves unreasonably towards you and that behaviour creates a risk to your health and safety. The Fair Work Commission can order the bullying to stop, but it cannot award compensation, and it acts only if there is a risk the bullying will continue.
GuideDiscrimination & bullying#bullying#health & safety#for employers
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Guide · first published November 2016
Sexual harassment at work: what it is and what you can do
Sexual harassment is unwelcome conduct of a sexual nature in circumstances where a reasonable person would have anticipated the possibility of offence, humiliation or intimidation. This guide explains the federal and WA tests, where a worker in Western Australia can complain, and two decisions that showed how much harassment can cost.
GuideDiscrimination & bullying#sexual harassment#compensation#for employers
Read the guideGuide · first published November 2016
Called a contractor but treated like staff? Sham contracting explained
Sham contracting is when an employer tells a worker they are an independent contractor when in law they are an employee. The Fair Work Act 2009 (Cth) prohibits it, and since 2024 the question of who is an employee turns on how the relationship really works in practice, not just on what the contract says.
GuideProblems at work#contractors#underpayment#penalties
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Fair Work Commission · 16 November 2016
Warned to stop messaging a co-worker, he kept going and was sacked
Abdul Soomro v Murray’s Australia Pty Limited T/A Murray’s Australia
Abdul Soomro sent a co-worker repeated unwanted messages, was asked to stop, and then, the Fair Work Commission found, sent more under a false name. Murray’s Australia investigated and dismissed him for misconduct. The Commission found the dismissal was not harsh, unjust or unreasonable, and a Full Bench refused him permission to appeal.
Claim dismissed; permission to appeal refusedTermination#unfair dismissal#misconduct#procedural fairness
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Supreme Court of Victoria · 17 October 2016
CFO free to join Cotton On after court rejects two-year restraint
Just Group Ltd v Peck
Just Group, the retailer behind Just Jeans, Portmans and Smiggle, went to court to stop its chief financial officer of five months joining Cotton On. Her contract barred her from working for 50 named retail businesses for up to two years. The Supreme Court of Victoria held the restraint went further than was reasonable and refused to enforce it, and the Court of Appeal agreed.
Restraint not enforced, free to join Cotton OnPay & contracts#restraint of trade#executives#contracts
Read the case studyGuide · first published October 2016
Cameras at work in WA: when is filming staff lawful?
Western Australia has no law written just for workplace cameras. The main rule is the Surveillance Devices Act 1998 (WA), which makes it an offence to film or watch a private activity without consent or another lawful excuse. Ordinary visible CCTV in shared work areas is usually outside it; hidden cameras in private places are not.
GuideProblems at work#investigations#for employers
Read the guideGuide · first published September 2016
Post-employment restraints: when will a court enforce one?
Many employment contracts try to limit what you can do after you leave: who you work for, which clients you deal with and whether you can hire former colleagues. In Western Australia a restraint is void unless it is reasonable, and the employer has to prove that it is. This guide explains how courts decide, and what is proposed to change.
GuidePay & contracts#restraint of trade#contracts#executives
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Fair Work Commission · 28 September 2016
Paid four weeks and shown the door, then accused of misusing his laptop
Croft v Smarter Insurance Brokers Pty Ltd
A small insurance broker dismissed its general insurance manager by paying four weeks' wages under a notice clause in his contract, without telling him why. After he was gone, it found he had used his work laptop and phone to access pornography. The Fair Work Commission held that neither the contract clause nor the later discovery was a valid reason, and ordered $10,000 compensation.
$10,000 compensationTermination#unfair dismissal#small business#procedural fairness
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Guide · first published September 2016
Sacked hours after a site accident: is that unfair?
An earthworks supervisor follows the usual checks, his crew clips a pipe with an unexpected bend, and by the afternoon he has a termination letter in his hand. This guide walks through that scenario and the questions the Fair Work Commission asks in deciding whether a dismissal like it was harsh, unjust or unreasonable.
GuideTermination#unfair dismissal#procedural fairness#misconduct
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Fair Work Commission · 13 September 2016
Perth Airport baggage handler sacked over a 'sarcastic' ISIS post
Singh v Aerocare Flight Support Pty Ltd
A casual baggage handler at Perth Airport shared an extremist group's Facebook post with the words 'We all support ISIS', and said it was sarcasm. His employer ended his shifts four days later. The Fair Work Commission found the dismissal unfair because the employer had not properly investigated his explanation, but it said he had done 'a very stupid thing' and cut his compensation by 40% for misconduct.
$4,800 compensationTermination#unfair dismissal#social media#investigations
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Guide · first published September 2016
Treated differently at work because of your age? What the law says
It is unlawful for an employer to treat a worker or job applicant worse because of their age, whether they are 19 or 65. This guide explains the federal laws that apply, who has to prove what, the exceptions, and two court cases in which employers were held responsible.
GuideDiscrimination & bullying#age#discrimination#general protections
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Guide · first published August 2016
Dismissed? Unfair dismissal or general protections, and how to choose
Most dismissed workers have two main options under the Fair Work Act: an unfair dismissal claim, which asks whether the dismissal was fair, and a general protections claim, which asks why the employer acted. This guide explains who can make each claim, how each is decided, what each can achieve, and why choosing the right one early matters.
GuideTermination#unfair dismissal#general protections#time limits
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Australian Human Rights Commission · March 2016
Sacked in his second week over a drug conviction: it was discrimination
AW v Data#3 Limited
A technology company dismissed a senior IT specialist in his second week after it learned of his New Zealand drug conviction. The Australian Human Rights Commission found the dismissal was discrimination on the basis of criminal record and recommended he be paid $76,639. The company agreed to change its policies but declined to pay.
Discrimination found; $76,639 recommended, not paidDiscrimination & bullying#discrimination#compensation#for employers
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Federal Court of Australia · 26 February 2016
Stood down days after winning his injury claim
Construction, Forestry, Mining and Energy Union v Hail Creek Coal Pty Ltd
A drill rig operator at a Queensland coal mine won damages for a workplace spinal injury, and was stood down four days later on the strength of a medical assessment. The mine kept him out of work and stopped his pay, and held to that even after he won three court rulings about his fitness assessments. The Federal Court found the mine took adverse action against him because he had sued it, in breach of s 340 of the Fair Work Act 2009 (Cth).
Adverse action proven; lost wages and $50,000 penaltiesProblems at work#general protections#health & safety#penalties
Read the case studyGuide · first published January 2016
Why a generic harassment policy may not protect an employer
An employer can be held liable for sexual harassment or discrimination by one of its employees unless it proves it took all reasonable steps to prevent it. A policy and some training are not automatically enough: in Richardson v Oracle the Federal Court found a global online training package fell short. Since 2022 employers also have a positive duty to prevent harassment before it happens.
GuideDiscrimination & bullying#sexual harassment#for employers#discrimination
Read the guideFederal Circuit Court of Australia · 11 December 2015
She complained about her bosses, so they asked staff to criticise her
Storey v The Monitoring Centre Pty Ltd & Ors
A long-serving general manager at an alarm monitoring company sent the couple who ran it a formal complaint. Within days they asked staff to put complaints about her in writing, then dismissed her after a meeting called on less than a day's notice. The Federal Circuit Court found both steps were unlawful adverse action because of her complaint, and awarded compensation that included $10,000 for distress, hurt and humiliation.
$17,453 compensation and $10,500 penaltiesTermination#general protections#investigations#compensation
Read the case studyGuide · first published December 2015
Unfair dismissal: who can claim, what is unfair, and the remedies
Unfair dismissal laws give a dismissed worker a way to have the Fair Work Commission test whether the dismissal was fair, while also weighing the employer's side. This guide explains who can claim, what makes a dismissal harsh, unjust or unreasonable, and how the Commission chooses between reinstatement and compensation.
GuideTermination#unfair dismissal#reinstatement#compensation
Read the guideHigh Court of Australia · 2 December 2015
Housekeepers 'converted' into contractors: the High Court says no
Fair Work Ombudsman v Quest South Perth Holdings Pty Ltd
Two housekeepers at a South Perth serviced apartment hotel were moved onto a labour hire firm's books as 'independent contractors', while doing exactly the same work for the hotel. The Federal Court dismissed the sham contracting claim, and on appeal the Full Court held that the law did not apply because the contractor arrangement was said to be with a third party. The High Court unanimously disagreed, and the hotel was later ordered to pay $54,450 in penalties.
Sham contracting found; $54,450 penaltiesProblems at work#contractors#penalties#for employers
Read the case studyGuide · first published July 2015
Making a role redundant: what a genuine redundancy needs
A redundancy blocks an unfair dismissal claim only if it is a genuine redundancy under the Fair Work Act. This guide explains the three things an employer must get right, what is owed on termination, and the exemptions from redundancy pay.
GuideTermination#redundancy#for employers#unfair dismissal
Read the guideFair Work Commission (Full Bench) · 3 March 2015
Mine owner's hard bargaining line was allowed, walking away was not
The Association of Professional Engineers, Scientists and Managers, Australia v Peabody Energy Australia Coal Pty Ltd
After staff at a NSW coal mine won the right to bargain for an enterprise agreement, the employer offered a draft that mirrored the award, at pay well below what staff actually earned. The Fair Work Commission first held that this hard line was allowed. On appeal, a Full Bench left that finding undisturbed, but found the company broke the good faith bargaining rules when it refused to meet about the union's much-reduced offer and withheld salary-range information, and it made a bargaining order.
Bargaining order made on appealPay & contracts#for employers#contracts
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Fair Work Commission · 13 February 2015
Put on a performance plan, a bank lawyer says it was bullying
Application by Mac (Amie Mac v Bank of Queensland Limited and others)
A solicitor in a bank's in-house legal team was placed on a performance improvement plan after her 2012 and 2013 reviews raised the same concerns. She went on stress leave and applied for orders to stop bullying. The Fair Work Commission found the plan, and the way it was run, was reasonable management action, and dismissed her application.
Stop-bullying application dismissedProblems at work#performance#bullying#procedural fairness
Read the case studyHigh Court of Australia · 10 September 2014
Bank executive's $317,500 win cut to four weeks' pay
Commonwealth Bank of Australia v Barker
A Commonwealth Bank executive of 27 years was made redundant, then cut off from the email and phone the Bank used to offer him redeployment. Two courts awarded him $317,500 for breach of an implied duty of mutual trust and confidence. In 2014 the High Court held that no such duty exists in Australian employment contracts, and he was left with four weeks' pay.
$11,692.31 (four weeks' pay) instead of $317,500Pay & contracts#contracts#executives#redundancy
Read the case studyGuide · first published August 2013
When a demotion counts as a dismissal
Being moved to a lower role or a lower rate of pay can be more than a disappointment. Depending on the size of the cut and the terms of your contract, a demotion can breach your contract, count as a dismissal you can challenge as unfair, or be unlawful adverse action.
GuideTermination#unfair dismissal#general protections#forced resignation
Read the guideFederal Circuit Court of Australia · 26 July 2013
Shuttle drivers called contractors: $252,120 in penalties
Fair Work Ombudsman v Happy Cabby Pty Ltd & Anor
An airport shuttle business between Newcastle and Sydney engaged its drivers as independent contractors, paid them a flat rate per run and kept no records of their hours. After the Fair Work Ombudsman warned it in writing and it carried on, the Federal Circuit Court ordered penalties of $252,120 against the company and $47,784 against its sole director.
$252,120 penalties against the company, $47,784 against its directorProblems at work#contractors#underpayment#penalties
Read the case studyGuide · first published July 2013
Off work sick or injured: when your job is protected
An employer must not dismiss an employee because they are temporarily off work with an illness or injury, as long as the employee gives the right evidence. The protection has limits, especially for long absences and time on workers compensation, but other protections may still apply.
GuideTermination#general protections#disability#leave
Read the guideFair Work Commission · 12 July 2013
Made redundant at 65, but his job was still being done
Kevin Sempf v Transportable Shade Sheds Proprietary Limited
A 65-year-old worker at a Queensland shade shed manufacturer was handed a letter ending his job "due to a lack of available work" after the company had two loss-making months. The Fair Work Commission found the dismissal was not a genuine redundancy, because a co-worker was still doing his job and there had been no consultation, and that the company had not shown it was a small business. He was awarded six months' compensation and costs.
Six months' compensation, plus costsTermination#redundancy#unfair dismissal#small business
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Federal Circuit Court of Australia · 28 June 2013
Made redundant before parental leave: why her claim still failed
Lai v Symantec (Australia) Pty Ltd
A finance manager at a global software company was told her role had been eliminated a month before her parental leave was due to start. She claimed she had been dismissed because she was pregnant and about to take leave. The Federal Circuit Court accepted the employer's evidence that her role was cut in a cost-cutting restructure and dismissed the adverse action claim, though it found the company had been late with a payslip.
Adverse action claim dismissed; payslip breach foundDiscrimination & bullying#general protections#pregnancy & carers#redundancy
Read the case studyFull Court of the Federal Court of Australia · 8 May 2013
Years of new letters, one employer: an executive's $516,830 win
Cohen v iSOFT Group Pty Limited
Dr Brian Cohen worked for an Australian listed group for over a decade under a series of contracts and secondment letters. When he was made redundant, the parent company said a Singapore subsidiary had become his employer. The Full Federal Court held the later letters only supplemented his original contract, and ordered the parent to pay him $516,830.35 plus interest.
$516,830 plus $68,378 interestPay & contracts#contracts#executives#leave
Read the case studyFederal Magistrates Court of Australia · 11 April 2013
Sacked hours after chasing her car and phone allowances
Devonshire v Magellan Powertronics Pty Ltd & Ors
Melinda Devonshire, a business development manager whose case was heard in Perth, said she spent weeks chasing her correct salary, car allowance and phone allowance. On the day she pressed the company's director about it, she went home sick and was dismissed by email that afternoon. Before any trial, the employer asked the court to throw out key parts of her claim. The court refused: asking her employer about her pay was a workplace right, and the two people who ran the company stayed in the case personally.
Claim allowed to proceed; director and manager kept inTermination#general protections#underpayment#leave
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Fair Work Australia (now the Fair Work Commission) · 20 June 2012
Injured worker chased his short compensation pay and lost his job
Lachlan Horn v Shark Lake Food Group Pty Ltd
Mr Horn hurt his hand at work, and his workers compensation payments kept arriving short. When he pressed the managing director for the money, he was abused, told to stay away from work, and sent a separation certificate. The tribunal found there was no valid reason for the dismissal and ordered the employer to pay him $11,826.36.
$11,826.36 compensationTermination#unfair dismissal#procedural fairness#compensation
Read the case studyFederal Magistrates Court of Australia · 3 March 2008
Sacked after using a sick note to fly to the footy
Anderson v Crown Melbourne Ltd
A Crown casino worker in Melbourne told his managers he would take a sick day to fly to Perth for Kevin Sheedy's last game as Essendon coach, and got a doctor's certificate to cover it. Crown dismissed him for misusing sick leave. The Federal Magistrates Court found he was not ill, so the law protecting sick employees did not apply.
Claim dismissedTermination#leave#misconduct#general protections
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Federal Magistrates Court of Australia · 15 October 2004
Grounded while pregnant, she was refused her own sick leave
Howe v Qantas Airways Ltd
A Qantas customer service manager had to stop flying after 16 weeks of flying while pregnant. Qantas offered her a clerical job at about half her base pay and refused to let her use her accumulated sick leave. The court found the sick leave refusal was pregnancy discrimination and awarded her lost sick leave pay, later fixed at $24,753.85, plus $3,000, but rejected her claims about the pay rate, a forced demotion and part-time work.
$24,753.85 lost sick leave pay plus $3,000 damagesDiscrimination & bullying#discrimination#pregnancy & carers#leave
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The case studies are published decisions of courts and tribunals, summarised in plain English from the full judgment; the guides explain the law as it stands. All are general information, not legal advice. Every case turns on its own facts.
