Procedural fairness page 11 of 53

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


Four-member bench rules on driver's out-of-hours conduct

A four-member FWC full bench has overturned the reinstatement of a long-serving train driver sacked after he divulged he faced criminal charges for high-range drink driving, ruling that a presidential member failed to properly consider the connection between his out-of-hours conduct and his safety-critical job.


Unvaxxed worker wins extension after solicitor's mea culpa

The FWC has commended a young solicitor's "candour" in admitting to having fumbled the unfair dismissal application of an unvaccinated foster care worker told her temporary WFH arrangement could not be sustained.

Reinstatement for Qube managers asked to be strike breakers

A tribunal member has reinstated six sacked Qube Ports waterfront shift managers and expressed alarm at a senior manager's "bizarre" and "ridiculous" proposal that three of them sign an unsighted document before it divulged its plan to maintain operations during a strike.

Tribunal backs sacking for excessive personal texting at work

The FWC has upheld the flawed sacking of a health and safety manager after phone records revealed she sent an "extraordinary and unacceptable" amount of text messages at work while overseeing her growing side business.

Tribunal backs ACTU's sacking of worker for Facebook posts

The FWC has upheld, despite some procedural failings, the ACTU's dismissal of a call centre employee over Facebook posts that "cheered on" an anti-vaccine mandate campaign, applauded aggression against police, mocked domestic violence, disparaged black people and vilified transgender people.

Sacking upheld after questionable vax exemption

A worker who unsuccessfully sought to take long service leave after Bulla Dairy Foods rejected medical exemption evidence from a since-suspended doctor has failed to establish it unfairly sacked him for breaching a COVID-19 vaccine mandate.

Analyst sacked after complaint about "non-core" duties

A worker made redundant after complaining about performing tasks outside his role description and its effect on his work-life balance has won an adverse action case in a federal court.

Bench backs "unorthodox" approach to harsh sacking

In a significant ruling on dismissals deemed harsh by the FWC, a full bench has endorsed the "unorthodox" approach taken by a member who ordered the reinstatement of a forklift driver who breached an employer's "no mobile phones" policy.

Unfair to sack worker for flattening pet galah: FWC

An employer unfairly sacked a labourer for running over a pet galah, the FWC has held, rejecting claims that he breached a formal directive not to operate vehicles when Crackers was on the ground.