Unfair dismissal/termination of employment page 11 of 129

1289 articles are classified in All Articles > Legal > Unfair dismissal/termination of employment


Court extends time after lawyer's last-minute filing failure

A worker has won an extension of time due to representative error, after her lawyer tried and failed to make an electronic general protections claim to a court just 10 minutes before the deadline, and only re-filed an acceptable application 16 days late.

Unreported cannabis charge smokes worker

The FWC has upheld Sydney Trains' dismissal of a long-serving station manager for breaching its code of conduct when he failed to disclose serious criminal charges, including possession of more than two kilograms of cannabis he claimed to be holding "for a friend".

Overtime payments don't count towards earnings: FWC

The FWC has rejected an employer's claim that it should throw out an employee's unfair dismissal claim because his earnings exceeded the high-income threshold by almost $40,000.

Homeless worker wins extension

The FWC has granted an 18-day extension for a bin-hire worker to challenge her alleged sacking in light of evidence that her job loss left her homeless and that her limited technological skills scuttled several attempts to use her mobile phone to file her application.

Dog day for handler as FWC backs instant dismissal

A Serco prison dog handler's refusal to cooperate with a HR manager he accused of conducting a fishing expedition, covertly recording their interview and claiming in front of an inmate that he had evidence to "crumble the empire" warranted his summary dismissal, the FWC has held.

"Faith stream's" vax views insufficient to sway FWC

The FWC has rejected an unvaccinated child protection officer's faith-based challenge to her sacking, despite claims that requiring her to get a COVID-19 jab is akin to asking a Muslim worker "to have injections that s/he considered not Halal".



HR manager's responsibility change not a constructive dismissal: FWC

The FWC has found that a HR manager who quit after her employer changed her responsibilities was not forced to resign, noting that although she had to report to a different manager, "a change in a reporting line does not constitute constructive dismissal".

FWC warns workplace policies must be easy to understand

In returning a worker to her job and restoring most of her lost pay, finding the policy the worker breached "might make sense to copyright lawyers and some IT specialists, but probably no one else" the FWC has cautioned that "employer policy documents and manuals must be accessible, understandable and reasonable in their terms".