Unfair dismissal/termination of employment page 16 of 131

1304 articles are classified in All Articles > Legal > Unfair dismissal/termination of employment


Bench brings sacked flight attendant back to earth

A senior Virgin flight attendant has had her reinstatement overturned after a FWC full bench comprehensively picked apart a finding that procedural fairness deficiencies rendered her sacking for misconduct unfair.

"Surprising" dual HR role contributed to unfair sacking: FWC

A disability service unfairly sacked a worker for calling its female director a "c--t", the FWC has held, finding its "surprising" reliance on a nurse to perform a dual HR role likely to have contributed to its peremptory approach.

Member's shortcut took the wrong course: Bench

A senior FWC member must reconsider an employer's jurisdictional objections to an unfair dismissal application in the correct sequence after a full bench found she leapfrogged several steps the first time around.

FWC backs supervisor's sacking for role in boozy lunch

The FWC has upheld the sacking of a supervisor summarily dismissed for disobeying a reasonable direction when he allowed his team to drink alcohol while celebrating the completion of a major project.

Compensation for youth worker sacked after vax reaction

A Victorian government youth justice worker sacked for not having further COVID-19 vaccination shots after reacting adversely to his first dose has won compensation, the FWC finding the department should have explored redeployment and reasonable adjustments.

FWC ejects "struggling" airline worker's case

A senior FWC member has thrown out an airline catering worker's dismissal dispute after finding a psychologist's assessment that a scheduled telephone hearing should be postponed due to his mental health did not warrant an adjournment.

Hitler parody worker gets chance to recoup more lost pay

The creator of a Hitler parody video mocking BP's bargaining process who has already won $200,000 in compensation will get another shot at recouping extra pay he would have earned but for a revoked planned promotion, after a full bench rejected a finding that he is pursuing it by "stealth".

Worker compensated after alleged "unethical" request

The FWC has resisted speculating about whether an unvaccinated FIFO worker lost his job for refusing to "steal" a competitor's new product from a BHP mine site, but has nevertheless ordered his former employer to pay compensation after finding he could have been redeployed to its Perth workshop.

FWC urges union to move faster on unfair dismissal claims

The FWC has accepted that a senior software developer's unfair dismissal application was filed one minute late because of the "high risk" last-day strategy of a union lawyer laid low by nicotine withdrawal.

FWC rejects "evil purpose" behind lawyer's role

A senior FWC member has declined to recuse himself from hearing a primary school teacher's unfair dismissal case after rejecting the suggestion that the Education Department's lawyer, formerly an intern at a regulatory body he briefly headed up, had been chosen "to achieve the evil purpose of influencing" his deliberations.