Case Law
Employee liable for employer’s settlement payments
Dismissed plant mechanic reinstated
Tax invoices don’t define a worker
A business claims a worker who was dismissed was an independent contractor, not an employee.
Worker refuses to attend investigation
The Full Bench of the Fair Work Commission found that a direction for an employee to be interviewed was not lawful.
Dismissal a disproportionate response to misconduct
The Fair Work Commission orders the reinstatement of an employee who was summarily dismissed.
Swim school in hot water over unfair dismissal
A swim school instructor is dismissed after recommending a competing school on Facebook.
Some vaccinations may be mandatory
Aged-care worker who was dismissed for refusing a flu vaccination lodges an unfair dismissal claim in the Fair Work Commission.
Employee summarily dismissed for inappropriate Facebook posts
Employee who was dismissed for social media misuse files an unfair dismissal claim.
Missing knife results in unfair dismissal
A mushroom picker is dismissed after misplacing her knife.
FWC enforces employer’s COVID-19 direction
A healthcare worker is dismissed after working with a high temperature.
Adverse action cannot be assumed
A 71-year-old job candidate assumed a job offer was rescinded due to his age.
It is not a genuine redundancy if there is no consultation
A chef position was made redundant during the COVID-19 pandemic.
Sacked labour hire worker reinstated but not to the same site
The Fair Work Commission found that a labour hire worker was unfairly dismissed.
Summary dismissal deemed unfair despite a valid reason for dismissal
An employee was summarily dismissed after an investigation into his conduct.