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


Sacking justified after Facebook posts: FWC

The FWC has upheld the sacking of a finance broker who posted sexually-explicit Facebook memes, including one featuring a colleague after seeking her permission, finding a "robust" and sub-par workplace culture did not make his ousting unfair.

FWC upholds sacking of hugging teacher

The FWC has upheld the dismissal of a 52-year-old Victorian secondary teacher who "crossed the line" when he hugged and touched boys, despite also finding his employer did not follow the disciplinary procedures set out in its enterprise agreement.

"Naïve" Facebook post insufficient reason for sacking: FWC

In a decision highlighting both the perils of "naïve" social media use and the incongruities of the JobKeeper program, the FWC has declined to award compensation to a teenage casual swim instructor unfairly sacked for recommending a rival business on a community Facebook page.


Trust loss after safety failure stymies reinstatement

An employer has convinced the FWC that a mineworker found to have been unfairly sacked over a safety failure should not be reinstated because it had lost trust and confidence in him.

Workpac redundancy not genuine: FWC

The FWC has found the redundancy of a FIFO labour hire coal mineworker affected by COVID-19 travel restrictions not genuine, holding that Workpac failed to meet its consult obligations after BHP said it no longer needed him.

Fair to sack worker who refused flu vax: FWC

In a significant decision acknowledging the "scarce" guidance on compulsory workplace COVID-19 vaccinations, the FWC has upheld a big employer's dismissal of a childcare worker for refusing to take a free flu shot.

Sacked picker compensated after "unfortunate" HR investigation

The FWC has criticised a company's "entirely unjust" process in sacking a long-serving mushroom picker for misplacing a knife, while noting her prior unblemished disciplinary record contrasted strangely with a swathe of warnings following a workplace injury.

Partner's "thuggish" texts didn't warrant sacking: FWC

A barrage of "thuggish" texts sent by the partner of a worker alleging harassment and bullying did not justify her dismissal, the FWC has found, describing the employer's attempt to vacuum-seal its investigation of her claims as both unreasonable and unrealistic.

Inappropriate behaviour prompted former organiser's sacking: HSU

The HSU has struck back at a former organiser's age discrimination claim, saying she inappropriately made a secret recording and revealed at a divisional council meeting that she'd call "rape rape rape" if ever left alone with any manager who bullied or intimidated her.