Unfair dismissal/termination of employment page 14 of 104

1039 articles are classified in All Articles > Legal > Unfair dismissal/termination of employment


Union's PABO application backfires

In a decision highlighting the difference between "genuinely trying to reach agreement" and "good faith bargaining", the FWC has rejected an HSU application for a protected action ballot order and found its own conduct wanting.

FWC backs BHP contractor's sacking over unreported head "bang"

The FWC has reinforced the importance of following safety guidelines to the letter in upholding the dismissal of a scaffolder whose sore hands proved to be the result of hepatitis rather than a head "bang" he took more than a week to report.



Consultation required before coronavirus layoff: FWC

A Melbourne hotel that claimed an inability to engage in face-to-face discussions before making a chef redundant during the city's second COVID-19 lockdown must compensate her for unfair dismissal, after falling foul of award consultation obligations.

Worker should have raised concerns with HR, investigator: FWC

In throwing out a constructive dismissal claim, the FWC has rejected a former Westpac employee's allegation that a "complicit" bank executive undermined the legitimacy of an investigation that exposed "kickbacks" she received for referring customers to an external broker.


FWC lacks power to reinstate unwanted on-hire worker: Bench

In a significant decision on FWC powers, a full bench has found the tribunal could not force a labour hire company to reinstate a worker to his former job at client Carlton United Breweries, given the beer giant was contractually entitled to order his removal.

Tribunal finds fault with major builder's HR processes

The FWC has upbraided construction company Hansen Yuncken for its "callous" and unfair sacking of a "naïve" trainee who nonetheless provided it with a valid reason by insisting on indefinite unpaid leave to avoid lengthy public transport commutes during COVID-19.

Umpire endorses sacking of casual JobKeeper recipient

The FWC has upheld the dismissal of a casual on-hire food and beverage attendant who did not accept any shifts while receiving JobKeeper payments that significantly increased his income, noting he lacked an incentive to work.