This case concerned an application made by the dismissed employee for the costs of his application. Fair Work Australia had previously decided that the employee had been unfairly dismissed by the respondent employer. However, after that decision, the Commissioner held the matter over in relation to an application for costs. The Commissioner considered the legislation and ultimately determined that the Respondents should pay part of the Applicant's legal costs.
Mr Stutsel, a truck driver at Linfox, was dismissed for serious misconduct. His termination came as a result of comments posted on his Facebook profile concerning two of his supervisors, which were racially derogatory and sexual in nature.
Mr Somveer Narwal was employed by Aldi as a Store Manager when he was summarily dismissed for misconduct involving 'dishonesty and theft', after having worked at the company for four years. Narwal subsequently applied for an unfair dismissal remedy pursuant to s394 of Fair Work Act 2009. The crux of the matter was whether Narwal's dismissal was harsh, unjust or unreasonable, according to s385(b) of the Fair Work Act 2009.
The NSW Supreme Court has found EDI wrongly dismissed its managing director on the grounds of misconduct and denied him a substantial bonus.
The company dismissed the managing director following a fall in profits of the company however later claimed that he had been dismissed due to alleged misconduct, based on evidence it had discovered after he left its employment.
The Federal Court of Australia has dismissed an adverse action claim on appeal (Khiani v Australian Bureau of Statistics  DCAFC 109), finding that the fact that there was a temporal connection between the taking of leave by an employee and the taking of disciplinary action against the employee did not necessarily mean that there was a causal connection.
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