Procedural fairness page 13 of 53

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


Tribunal won't swallow marijuana cookies claim

The FWC has refused to accept a worker's claim that he tested almost 20 times over the limit for the psychoactive compound THC because he unknowingly ingested up to three marijuana cookies from a plate of food taken home from a 40th birthday party.

Sacked union official sues over alleged gambling discrimination

A former ETU official is suing over his expulsion from the union for credit card misuse and refusing to apologise for an alleged assault, claiming discrimination on the basis of his gambling addiction and that the matters had already been finalised under the branch's previous leadership.

Pandemic used to "disguise" ex-wife's sacking: FWC

The FWC has ordered a chief executive to compensate his ex-wife $27,000 for unfairly sacking her from their start-up, finding he used the COVID-19 downturn to "disguise" her dismissal as a redundancy soon after they separated.

"Suspicions of foul play" no basis for sacking: FWC

A medical recruiter that sacked a manager over an "under-investigated suspicion" he took confidential information from its database must compensate him after the FWC found it was so focused on building a Supreme Court case it failed to provide procedural fairness.

Big employer's "disturbing" HR failure

Amcor must compensate an injured worker by paying him for two months it should have granted as unpaid leave before sacking him, the FWC finding the packaging giant's failure to inform itself of obligations "disappointing and disturbing" given its size and HR resources.

Hugging teacher fails to win back job

An FWC full bench has today found errors in a ruling that upheld a private school's sacking of a 52-year-old teacher for hugging students and other misdeeds, but has refused to overturn it.

Worker reinstated after employer's "grossly disproportionate" action

The FWC has ordered NSW Trains to reinstate a health and safety representative who told his supervisor to "get f-cked" and said he was trying hard not to punch him in the face, while it has pilloried the employer for adopting a "grossly disproportionate" approach to his outburst after ignoring his concerns.

Flexible arrangement ultimately untenable for employer: FWC

The FWC has upheld a construction company's dismissal of a receptionist who juggled work with caring for a grandson with special needs, finding the small business was "exceptionally flexible and considerate" but the situation became untenable.

"Invasive" urine-sample demand reasonable: FWC

The FWC has upheld the dismissal of an "intransigent" sales employee who declined on "medical" grounds to comply with her employer's lawful and reasonable direction to supply a urine sample for a random drug and alcohol test.

Reinstatement, backpay for nurse sacked over weight

A nurse sacked over her morbid obesity and unfitness to perform duties has won reinstatement and nearly three years' backpay, but a tribunal says she might not sufficiently recover from health setbacks caused by her lengthy suspension and wrongful dismissal.