Procedural fairness page 12 of 53

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


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.

Protest that flouted public health orders justified sacking: FWC

The FWC has distinguished between "regular" industrial protests and those likely to attract "public outrage" during pandemic restrictions in finding a crane company entitled to sack an operator who attended a violent anti-vax rally outside CFMMEU offices in Melbourne.

Dozing prison guard reinstated after "procedural muddle"

A prison guard who nodded off during shifts has won his job back after a tribunal found proper account had not been taken of his previously undiagnosed sleep apnea and that his dismissal was affected by a "procedural muddle" featuring two decision-makers reaching different conclusions.


Late application allowed after tardy HR advice

The FWC has extended time for a Victorian tram driver wrongly told he could use his employer's internal appeals process to challenge his sacking, with the advice not corrected by HR until a day after the tribunal's filing deadline.

Intellectual property concerns warranted sacking: FWC

The FWC has upheld a government-funded organisation's summary sacking of a support officer who claimed ownership of a program's intellectual property while planning with a team of consultants to take it outside.