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76 real decisions

Employment law case studies

What happened to people who were sacked, underpaid, bullied, harassed or pushed out, and what the Fair Work Commission and the courts decided. Each one is retold in plain English from the published judgment.

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Real decisions of the Fair Work Commission and the courts. Lawcaptain did not act in these cases. Every outcome depends on its own facts.

Unfair dismissal

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A woman sits at a desk beside a dusty, unused laptop keyboard as a large magnifying glass hovers over the keys.Claim dismissedKeystroke data from her laptop ended a career of almost 18 yearsFair Work Commission · 21 July 2023Read the case studyA busy bank manager signs a payment form at her desk, unaware of a fishing hook dangling in front of her computer screen, while customers queue behind her.Reinstated, with about $54,500 in lost pay and superFooled by an email scammer, the bank manager got her job backFair Work Commission · 4 January 2021Read the case studyA man beside a Christmas tree types on his phone while a floodlit open-cut coal mine glows on the hills outside his window.Claim dismissedA Christmas Eve Facebook post cost a mine worker his jobFair Work Commission · 5 June 2018Read the case studyOn a quiet railway platform at dawn, an older station attendant with a broom looks at a sample jar held out by a tester in a hi-vis vest.Reinstated, with half his lost paySacked after one joint, a 64-year-old rail worker got his job backFair Work Commission (Full Bench) · 13 March 2020Read the case studyA contractor sits on his bed at night staring at his phone, his packed bag and hard hat by the door, as his partner watches from the doorway.$65,561.49 compensationOne 'take a sickie' text ended 18 years on an island gas hubFair Work Commission · 13 June 2023Read the case studyA grey-haired refinery worker with a hearing aid stands at the refinery gates holding an open envelope as a manager walks away.$74,350 compensation (the maximum)He resigned after 30 years. Then his employer moved the end dateFair Work Commission · 20 January 2021Read the case studyAn older man beside his union representative reads a thick medical report across the table from two managers, with power station cooling towers outside.$61,336 compensationAfter 42 years at a power station, three days to save his jobFair Work Commission · 10 February 2021Read the case studyA young woman holding her phone stands outside a gelato kiosk in a restaurant under renovation, as two younger staff in aprons scoop gelato behind the counter.$1,223.64 compensationDropped from the gelato roster for cheaper junior staffFair Work Commission · 14 November 2019Read the case study

General protections

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A worker in a hard hat makes a phone call beside a fresh concrete pour in a precast yard dimmed by smoke haze.Reinstated and $37,347 compensationSafety rep sacked after calling WorkSafe wins reinstatementFederal Court of Australia · 6 July 2020Read the case studyRows of office workers read the same email on their screens while a woman stands alone by a project board covered in sticky notes, looking at her phone.Claim dismissedRemoval announced to 423 colleagues, then dismissedFederal Court of Australia · 22 June 2021Read the case studyA trainee in a rescue helmet and harness at the foot of a rope-rescue tower at a mine, looking back towards a site office with its blind pulled down.$25,929.42 compensation and $67,500 penalty, plus lost paySacked after telling workmates they did not have to sign a pay cutFederal Circuit and Family Court of Australia (Division 2) · 9 December 2025Read the case studyAn empty witness box in a courtroom, with a lawyer glancing at it and a nurse watching from the gallery.$22,000 compensation and $8,000 penaltyDismissed nurse wins because a key manager did not testify at trialFederal Circuit and Family Court of Australia (Division 2) · 18 September 2024Read the case studyHeavy cable plugs on a workshop bench, with an empty office and a dark computer screen behind them.$84,724 compensation and $51,282 penaltiesA planned redundancy, rushed forward after sick leaveFederal Circuit and Family Court of Australia (Division 2) · 2 August 2024Read the case studyA manager in a glass office beside a car showroom speaks secretly into his phone while staff outside carry on, unaware.Claim dismissedDealership boss sacked for telling the car brand about a stand-downFederal Circuit and Family Court of Australia (Division 2) · 25 March 2022Read the case studyA woman stands at her country front gate watching the school bus she used to keep at home being driven away.$60,000 penalties, $10,299 back pay and $5,000 damagesTaken off her school bus run after asking for a pay riseFederal Circuit Court of Australia · 19 June 2020Read the case study

Redundancy

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A salesman waits on the kerb outside a tile warehouse as a rideshare car arrives, while the owner holds the company car keys behind him.$31,652.93 compensation upheld on appealFifteen years as the first salesman, then an Uber homeFair Work Commission (Full Bench) · 7 July 2026Read the case studyA manager stands by a work ute holding a folded sheet of paper while his underground-locating crew scans the road behind him.Redundancy pay cut from 16 weeks to nilHe said no to a new role and lost 16 weeks' redundancy payFair Work Commission · 19 September 2025Read the case studyTwo managers hand an envelope to a uniformed armoured-van guard in a depot kitchen, with the van parked in the bay outside.ReinstatedOne armoured-van guard picked from 70, and no one could say whyFair Work Commission · 18 December 2018Read the case studyIn a department store half-closed for renovation, one shop assistant writes at a cosmetics counter while three colleagues hesitate by a noticeboard.Three claims dismissed; one allowed to proceedA store refit, four redundancies, and the one who applied for a vacancyFair Work Commission · 7 June 2024Read the case studyAn empty call-centre desk with a headset and tissues, while a manager collects a sheet from a printer behind glass.$32,987 compensationTold her job was gone, then dismissed the next afternoon on leaveFair Work Commission · 10 December 2020Read the case studyA materials handler holds a clipboard in a half-empty aircraft-parts warehouse beside a whiteboard line sloping downwards.Claim dismissedAircraft orders collapsed, and the redundancy went by the bookFair Work Commission · 23 February 2021Read the case studyA young mother with a pram stops at a preschool gate, staring at a message on her phone.9 weeks' pay compensation plus superShe asked about returning from maternity leave and was let go by textFair Work Commission · 27 March 2019Read the case studyTwo aged care support workers fold towels beside meal trolleys as an elderly resident waves from the laundry doorway.Redundancy pay owedThe aged care contract ended, but the redundancy pay was still owedFull Court of the Federal Court of Australia · 16 June 2023Read the case study

Underpayment

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A courier hands a bag of small paper envelopes to a restaurant supervisor beside an open safe, a still sushi conveyor belt in the background.$15.3 million in penaltiesCash envelopes, pay-back slips and $15.3 million in penaltiesFederal Court of Australia · 5 August 2024Read the case studyA manager holds out a delivery truck's keys to two uneasy drivers on a factory loading dock stacked with cartons.Held to be contractors, not employeesBuy your own truck or lose your job: decades later, still contractorsHigh Court of Australia · 9 February 2022Read the case studyA young event worker directs a woman and her poodle past market stalls at a busy dog show on a country showground.$286.77 owed, plus a $9,390 penalty ordered paid to himNever paid for one shift at a dog festival, he went to courtFederal Circuit and Family Court of Australia (Division 2) · 24 November 2025Read the case studyDuring lockdown a young man reads an email at his kitchen bench, an unused concierge waistcoat hanging behind him and a calendar crossed off on the wall.Small claim dismissedUnpaid during COVID, he never said no, so the court said he agreedFederal Circuit and Family Court of Australia (Division 2) · 27 July 2026Read the case studyA young woman counts cash from an ATM into an envelope while her brother waits beside her on a suburban street at dusk.$203,832 in penalties ordered paid to her; part of her claim failedA sponsored trainee accountant who, in effect, paid her own wagesFederal Circuit and Family Court of Australia (Division 2) · 27 March 2026Read the case studyAn older truck driver frowns at a worn handwritten workbook as he leans on an empty livestock trailer at a country saleyard.$960,000 penalty ordered paid to him, plus leave and allowancesRetired after 34 years on the road, with 56 weeks of leave missingFederal Circuit and Family Court of Australia (Division 2) · 21 December 2022Read the case studyA woman sits alone with a thick document on her lap in a darkened television studio, the cameras under covers.Claim for $393,371.10 dismissedRedundant after decades in TV, but the agreement never covered her jobFederal Court of Australia · 15 September 2023Read the case studyA worker scrubs mortar off a new brick wall on a dusty building site while another man watches from the shade of a ute.$7,480.70 in wages and super, plus interestTold to get an ABN to clean bricks, he was an employee all alongFederal Circuit Court of Australia · 19 August 2020Read the case study

Workplace bullying

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A woman at a racecourse starting gate takes a phone call that clearly upsets her while a starter looks on.$200,000 plus lost earnings and penaltiesAfter 25 years, a new CEO, then an email: “Dropping like flies”Federal Court of Australia · 24 December 2021Read the case studyA worker in a freight depot looks across a painted line dividing the floor towards two distant co-workers.Stop-bullying order refusedThe bullying was clear. Then the bully quit, so no order could be madeFair Work Commission · 24 October 2023Read the case studyAn older man leans over a club office desk lecturing a younger administrator, a phone in his pocket glowing as it records.Stop-bullying order madeA club volunteer secretly recorded a worker and threatened to sueFair Work Commission · 24 October 2025Read the case studyA field engineer and his manager sit apart at a meeting table while a mediator sits between them.Mediation ordered; NBN appeal refusedSeven of his nine complaints failed. Two were enoughFair Work Commission · 15 May 2025Read the case studyA woman working from home recoils as a flood of envelopes pours out of her laptop, a water truck visible on a hill outside.Stop-bullying orders madeCaught in the middle of the owners’ bitter separationFair Work Commission · 21 March 2019Read the case studyA uniformed rail worker sits alone on a platform at dusk reading a letter as a train pulls away.Ordered to pay costsSacked, he kept his bullying case going and was ordered to pay costsFair Work Commission · 9 October 2018Read the case studyIn a luxury watch shop, a manager types on his phone beside a colleague who frowns at the message on hers while a customer waits.Stop-bullying order madeIgnored “good mornings” and orders sent by SlackFair Work Commission · 27 July 2021Read the case studyA woman holding a letter sits in a psychologist’s room while the psychologist writes a note, palm trees and yachts outside.Interim order madeTwelve allegations, a meeting next day, and the FWC hit pauseFair Work Commission · 12 July 2023Read the case study

Sexual harassment

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Fly-in fly-out mine workers walk from a small plane to a bus at dawn, one woman keeping her distance from the rest.Claim dismissedDrunk on the company-booked flight to site: her sacking stoodFair Work Commission · 2 October 2024Read the case studyA woman reads a lawyer’s letter at her kitchen table, an open jewellery box beside her.$195,000 damages plus lost earningsShe complained of harassment, then her boss accused her of theftFederal Court of Australia · 31 October 2023Read the case studyA woman in a university office types a short, firm email at her desk, sandstone buildings outside the window.Harassment upheld; reinstatement standsHarassment proven, yet the professor was reinstatedFair Work Commission (Full Bench) · 4 September 2026Read the case studyIn a self-storage site office, a young worker holds out his phone to play a recording while his manager leans back with arms folded.$90,000 compensation plus penaltiesTaunted by a customer and a contractor, and both had to payFederal Circuit and Family Court of Australia · 31 March 2026Read the case studyA woman on a park bench signs the last page of a document on a clipboard, her phone on speaker beside her.Claim against the Commonwealth dismissedShe settled one claim and signed away anotherFederal Court of Australia · 2 March 2021Read the case studyA young waitress leaves a café at closing time with a chef walking protectively beside her.$50,000 agreed compensation plus penaltiesShe asked about her pay; the café owner kissed herFederal Circuit and Family Court of Australia · 26 March 2026Read the case studyA woman at a country post office counter hands over two separate large envelopes.Employer’s bid to dismiss refusedTwo complaints about different conduct can run side by sideFair Work Commission · 24 April 2026Read the case study

Discrimination

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A tired but determined nurse holding a folder of notes at an empty nurses’ station beside an oxygen trolley.Over $320,000 compensation plus $60,000 penaltiesNurse complained about her treatment, then was sackedFederal Court of Australia · 25 August 2023Read the case studyA white-haired man in a suit on a train platform, reading his phone with sinking shoulders, a new briefcase at his feet.Claim dismissedJob offer withdrawn just after his passport showed he was 71Federal Circuit Court of Australia · 5 February 2021Read the case studyA grey-haired accountant being shadowed by a younger colleague, gazing out at a departing container ship.$232,215.56 damages plus interestTold to train his replacement at 68, he won more on appealFederal Court of Australia · 4 May 2023Read the case studyA young mother checking a feverish toddler’s temperature while on the phone, her work blazer hanging on the door.$4,223.75 compensation plus $10,800 penaltySacked the day she stayed home with a sick childFederal Circuit Court of Australia · 13 December 2018Read the case studyA young mother with a baby in a sling showing her phone to a puzzled cashier at a burger counter.Claim dismissedShe went off to have her baby and was recorded as resignedFederal Circuit and Family Court of Australia · 23 March 2026Read the case studyA mother waving as two young children climb out of her car at a school drop-off zone at dawn, a laptop bag on the seat.Flexible work request granted by orderBank ordered to let a mother keep working from homeFair Work Commission · 20 October 2025Read the case studyA mechanic with a scarred forearm holding an envelope outside a half-closed workshop roller door.$44,000 damages including interestDoctors cleared him to work, but the workshop kept him outFederal Circuit and Family Court of Australia · 2 August 2023Read the case studyA woman holding a toddler at the locked glass door of a food warehouse, lunch bag in hand, looking bewildered.$2,000 for hurt; $18,300 penalties to the CommonwealthHer return from parental leave was cancelled at the last minuteFederal Court of Australia · 20 August 2020Read the case study

Restraints and confidentiality

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A young woman checks her phone as she walks along a street of wholesale clothing showrooms, watched by a shop owner from a doorway.Claim dismissed with costsA $28,860-a-year sales assistant, sued over her phone contactsFederal Court of Australia · 28 November 2022Read the case studyA man crouches behind pallets of packaging film in a factory, secretly typing on his phone.Found liable for breaching his dutiesA 17-year insider, a 'Secret Group' chat and a rival businessFederal Court of Australia · 2 July 2021Read the case studyA woman packs her briefcase in a boardroom in front of a pinboard of dozens of shopfront sketches joined by one string.Restraint not enforcedA CFO's move to Cotton On, and a restraint naming 50 rivalsSupreme Court of Victoria, Court of Appeal · 20 December 2016Read the case studyA woman frowns at a text thread on her phone in a cafe while two men put up a sign on a new office across the street.Ordered to pay $270,593.60 plus interestTwo advisers, a friendly text and a $270,593.60 judgmentFederal Court of Australia · 23 May 2025Read the case studyA man in a suit prunes roses in his back garden while a removals truck passes beyond the fence.Restraint cut from 12 months to sixSent home on garden leave, then a 12-month ban cut in halfSupreme Court of New South Wales · 26 September 2017Read the case studyA man with van keys stands at the loading dock of a solar panel warehouse, looking back at the office.Interim injunction refusedFor now, a solar sales lead keeps his job with a rivalSupreme Court of Western Australia · 19 May 2023Read the case studyA travel agent hesitates over a ringing phone beside a model cruise ship and a wall of cruise brochures.Barred from soliciting old clients until 7 August 2026 (interim)He told his cruise clients he had moved. A court said stop, for nowFederal Circuit and Family Court of Australia (Division 2) · 10 April 2026Read the case studyThree women pause in an office doorway beside a map of Western Australia pinned with mining camps, watched by the founder at her desk.Non-compete refused; client ban granted (interim)For now, three recruiters keep their jobs but must not chase clientsSupreme Court of Western Australia · 25 March 2022Read the case study

Contract disputes

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A tired man sits on a hotel bed late at night, phone to his ear, covering his other ear against noise from outside.$1,442,404.50 damages restoredA hotel noise complaint, a 'sham' hearing and $1.44 millionHigh Court of Australia · 11 December 2024Read the case studyAn older call-centre worker with a headset round her neck walks out past her colleagues as a manager waits by the open door.$45,933.92, including interestAfter 30 years at Telstra, sent home over a hearing testFederal Circuit and Family Court of Australia · 8 November 2024Read the case studyA man in a shirt and tie holds a stack of truck brochures on a suburban street, looking along a row of letterboxes.$20,000 (the small claims limit)Truck sales manager gave notice and was told to drop leafletsFederal Circuit Court of Australia · 21 November 2018Read the case studyA young engineer holding his jacket pauses at an office door, looking back at colleagues cheering a pie chart on a wall screen.Bonus claim dismissed; about $1,930 in pay, leave and interestHe stayed the whole bonus year but left before paydayFederal Circuit Court of Australia · 18 April 2019Read the case studyA couple in an auction warehouse full of paintings and antiques read a single sheet of paper beside an auctioneer's gavel.$1,380,251 damages plus interestAuction house ordered to pay $1.38 million on a loosely worded bonusFederal Circuit and Family Court of Australia · 27 August 2025Read the case studyA manager in a hi-vis vest studies two bar charts in a chilly cold-storage warehouse as forklifts move pallets.$34,000 in unpaid incentive bonusesHitting a budget that forecast a loss still earned the bonusFederal Court of Australia · 2 August 2018Read the case studyA woman sits alone at a bare open-plan desk with a box at her feet while managers meet behind a glass wall.Nine months' notice, less five weeks paidAccused of misconduct after 19 years, she won nine months' noticeFederal Circuit Court of Australia · 25 June 2021Read the case study

Settlement deeds

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A woman sits alone on a court corridor bench holding an old document above a thick folder.Deed upheld; appeal dismissedShe signed a deed in 2008, then spent a decade trying to undo itFull Court of the Federal Court of Australia · 13 November 2024Read the case studyA man in a hi-vis vest signs a thick agreement in an office above a factory floor while two managers watch.Claim dismissed: the agreement bindsTold his job was redundant, he signed an 8-page deal on the spotFair Work Commission · 8 July 2025Read the case studyA man at a library computer types an email beside a draft deed with three clauses circled.No binding settlement; claim goes onHe agreed the money, but not the release, so there was no dealFair Work Commission · 11 July 2023Read the case studyA young woman on her couch deletes a video on her phone beside a settlement agreement with one clause crossed out.Claim dismissed: settlement bindsShe settled at conciliation, then refused to sign the paperworkFair Work Commission · 18 May 2022Read the case studyA retired man in his study compares a stack of old pay advices with a signed exit deed.Deeds did not bar award claimsBank advisers' exit deeds did not sign away their award rightsFull Court of the Federal Court of Australia · 17 February 2023Read the case studyA woman hands papers to a court registry clerk as her phone lights up with a notification.Application dismissed; costs orderedHer $15,000 settlement arrived nine days late. Her case stayed closedFederal Court of Australia · 6 May 2026Read the case studyAn older man represents himself at a courtroom bar table beside a tall stack of binders.Payout taxed as an ETP; appeal dismissedA $505,500 payout for 'lost earnings' was taxed as an ETPFederal Court of Australia · 19 December 2023Read the case study

General information about Australian employment law, not legal advice about your situation. Updated October 2026.