Procedural fairness page 2 of 53

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


Suggestion of criminal behaviour "intimidatory": FWC

The FWC has castigated an employer for its "unconscionable" and "intimidatory" written notice suggesting that a casual duty manager committed theft and fraud when she failed to pay for a drink or offer an explanation for missing stock, while it has also lambasted its representative, Clubs NSW, for its "unprofessional" conduct in characterising her conduct as criminal.

FWC overturns summary sacking for "confidentiality" breach

The FWC has ordered a Gold Coast cabaret club to compensate two workers it sacked after intercepting private social media discussions about a colleague's pay, finding it treated them like they had broken into its equivalent of the Watergate complex to expose key secrets over WikiLeaks.

FWC upholds sacking for medical marijuana use

The FWC has upheld the sacking of a mineworker for failing to disclose his use of prescription medicinal cannabis on his days off, despite the fact he passed all drug tests and left a 32-hour buffer before the start of his working weeks.

FWC backs post-separation dismissal of director's wife

The FWC has upheld a business owner's on-the-spot sacking of his newly separated-wife when she refused to hand over an account password, finding their interpersonal conflict and her failure to follow directions trumped a flawed dismissal process.

"Deeply flawed" process after harassment claim: FWC

The FWC has ordered the reinstatement of a dump truck driver dismissed after a "deeply flawed" investigation into allegations he exposed a female trainee to explicit images while passing around his phone.

Worker taken into remand loses job in "fortuitously rare case": FWC

The FWC might refer a "regrettable, expensive and damaging episode" to the South Australian Correctional Services Department, after it failed to allow a worker on remand to contact his employer, and the employer dismissed him for failing to attend work.


Bench quashes sleeping on job ruling

A worker sacked for sleeping on the job will have another shot at getting his job back after a full bench found a senior member failed to put him on notice that he considered reinstatement inappropriate and reached an "unsound" conclusion that the employer had a valid reason.

FWC rejects company bid for three-year payout plan

A signage company that sacked a worker via its director telling him to "get the f-ck out of my life" has failed to convince the FWC of its "extraordinary proposal" to spread his compensation payments over three and a half years.