Unfair dismissal/termination of employment page 125 of 132

1315 articles are classified in All Articles > Legal > Unfair dismissal/termination of employment


FWC rejects one, but accepts another, out-of-time dismissal claim

In separate out-of-time rulings, the Fair Work Commission has rejected a sacked employee's challenge to when his dismissal took effect, but given another employee the benefit of the doubt on the "unreliability" of the tribunal's e-filing system.

Phone porn part of valid reason, but procedure makes dismissal unfair

A company had a valid reason for sacking its sales manager, including the post-employment discovery of pornographic images on his mobile phone, but "substantial" procedural deficiencies made the dismissal unfair, the Fair Work Commission has ruled.

Worker who failed drug test not constructively sacked

A power plant operator who resigned to protect his termination entitlements after failing a workplace drug test was not constructively dismissed, the Fair Work Commission has ruled.


Off-duty groper not unfairly sacked

The dismissal of an employee for groping a bartender while staying at a hotel paid for by his employer was not unfair, the Fair Work Commission has ruled.

"Appalling" dismissal fails small business code

A sales assistant summarily dismissed for alleged theft has been awarded nearly $30,000 after the Fair Work Commission found no justification for her employer's "inexcusable" behaviour in sacking her and reporting her to the police.

Senior public official loses breach of contract case

A state government that lost confidence in its mining warden did not breach his employment contract when it removed him from office, nor did it contravene trade practices laws when it originally offered him the role, a court has ruled.

Workers who breached safety rules get jobs back

Two mineworkers sacked for breaching "lifesaving" rules at a mine owned and operated by BHP Coal have been reinstated after the Fair Work Commission found their dismissals disproportionate and inconsistent.


Unsworn evidence denied employer natural justice: Bench

A Fair Work Commission member denied an employer procedural fairness when he allowed a self-represented unfair dismissal applicant to escape cross examination by giving unsworn evidence from the bar table, a full bench has ruled.