Case Studies

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Guide · 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.

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.

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.

Guide · 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.

Guide · 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.

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.

Guide · 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.

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.

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.

Guide · 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.

Guide · 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.

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.

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.

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.

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.

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.

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.

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).

Guide · 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.

Federal 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.

Guide · 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.

High 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.

Guide · 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.

Fair 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.

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.

High 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.

Guide · 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.

Federal 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.

Guide · 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.

Fair 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.

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.

Full 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.

Federal 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.

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.

Federal 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.

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.