Procedural fairness page 31 of 54

539 articles are classified in All Articles > Termination of employment > Procedural fairness


Tribunal scolds BHP for procedural fairness defects

The FWC has admonished a BHP subsidiary for taking a "haphazard" approach to its disciplinary guidelines, finding it had a valid reason to sack a mineworker for her "deviant" conduct when she put a s-x toy in a colleague's carry-on baggage, but procedural failings made it unfair.

Explanation for racially-motivated sacking "fabricated": FWC

The FWC has rejected the "post fabricated" inventions of a supermarket owner found to have sacked a casual shop assistant because he preferred workers from Asian-speaking backgrounds, ordering full compensation despite claims it would destroy his business.

"Vague" task list no basis for sacking over productivity: FWC

In a decision highlighting the perils of relying on nebulous performance measures to assess productivity, the FWC has ordered an IT company to compensate an employee dismissed after being assigned a "vague" To Do list.

Dismissal round-up: Spam excuse wins extension; & more

Time extended after application lands in spam folder; Woolies failed to clarify termination date; FWC upholds sacking for taking unauthorised leave; and Tribunal backs dismissal for threat to "kill" manager.




Sacked salesperson dug hole, "and kept digging": FWC

The FWC has upheld the sacking of a car salesperson accused of forging a customer's signature to secure finance on a vehicle, finding the alleged misconduct of "sufficient gravity" to outweigh an imperfect dismissal process.


HR team given approving tick over inherent requirements sacking

In what stands as a best-practice model for inherent requirements dismissals, the FWC has endorsed an HR department's handling of a complex case involving an injured storeperson unable to lift more than five kilograms.