Case Law - Employment Law Handbook

Case Law

Failure to agree on conditions of employment termination turns a resignation into a dismissal

Interim order prevents dismissal of Chief Executive Officer

Varying an enterprise agreement after it has ceased operation to resolve a dispute

Failure to consult renders redundancy an unfair dismissal

Company and director prosecuted over death of subcontractor

Tickle gets the last laugh in transgender discrimination win

When can overpayment of wages in one pay period set-off underpayment in another?

FWC clarifies how to calculate the minimum employment period

Demotion found to be in response to poor performance in general protections claim

Delay enforcing post-employment restraint proves damaging

Company pleads guilty to breaching electrical safety obligations

General protections claim thrown out due to contractor status

Poorly drafted enterprise agreement results in back pay for former employee

Informal performance management is no substitute for formal disciplinary measures

Full Bench of the FWC upholds employer’s refusal of a flexible work arrangement