Unfair dismissal/termination of employment page 128 of 131

1310 articles are classified in All Articles > Legal > Unfair dismissal/termination of employment


Court throws out hurt and humiliation claim

A former sporting association CEO has failed in his second attempt to win a damages payout for the hurt, distress and loss of reputation caused by his mid-season sacking.

Bench rules out conflict of interest

A Fair Work Commission full bench majority has found that an employee of The Body Shop did not breach her employment contract by working as an independent contractor for another retailer, and was unfairly dismissed when she refused to terminate the engagement.

Bench backs employer's right to nominate doctor

BHP Coal was entitled to direct a boilermaker to attend an appointment with a company-nominated physician to determine whether he was fit to return to work, and to then terminate his employment when he refused to go, a Fair Work Commission full bench has ruled.

Qantas worker's unfair dismissal claim not statute barred: Bench

An injured Qantas baggage handler who sought a review under state workers compensation law of a rehabilitation plan that would have transferred him to a new employer was not prevented by the Fair Work Act's "multiple actions" provisions from pursuing a federal unfair dismissal claim, a full bench of the FWC has ruled.


FWC gives green light for sacking driver who ran a red

Pacific National was justified in sacking a long-serving train driver who was 120 seconds away from colliding with another train, after failing to see and respond to two signals, the Fair Work Commission has found.

Stigma of dismissal no basis for specific performance order

The Federal Court has refused to reinstate a sales consultant pending the hearing of his wrongful dismissal claim, finding that his relationship with his former employer had broken down and that damages would be an adequate remedy if he ended up winning his case.

Legal representation generally "a welcome relief", says FWC

A senior FWC member has strongly endorsed legal representation of parties in hearings, saying that with the rise of self-representation, the involvement of legal practitioners is "more often than not, a welcome relief".

No justification for "duplicitous" manager's media leaks: FWC

The Fair Work Commission has upheld the RSPCA's dismissal of an executive manager for leaking to the media, providing confidential documents to his union and undermining his chief executive, describing his conduct as "reprehensible" and "duplicitous".