Misconduct page 22 of 61

602 articles are classified in All Articles > Termination of employment > Misconduct


Bench upholds dismissal, but corrects member's findings

An FWC senior member who considered a bus driver's submissions on procedural fairness to be "unduly pernickety" wrongly found he was properly notified and had a chance to respond, but a full bench has upheld his sacking.

Dishonesty valid reason for delegate's dismissal

After the FWC reinstated one of two truck driver TWU delegates involved in a punch-up, it has now upheld Toll's dismissal of the second driver because he lied during its investigation – a reason not relied on by the employer.

NTEU bemoans "cancel culture" as court upholds academic's sacking

The NTEU is seeking to strengthen academic freedom clauses to protect university staff from "cancel culture" after a court found no legally enforceable right in measures relied on by sacked Sydney University lecturer Tim Anderson.

Anti-vax worker might have refused lawful direction: FWC

A senior FWC member has found it arguable a childcare worker unreasonably refused a lawful direction when she declined a mandatory flu vaccination, in a decision rejecting her bid for a one-day extension of time for her unfair dismissal claim.


Delegates' fracas had tenuous workplace connection: FWC

The FWC has ordered Toll Transport to reinstate one of two TWU delegates who fought each other after a union meeting, finding their punch-up over yard deals while on paid delegates leave did not have a sufficient connection to their work.


Big employer fell short of its investigation standards: FWC

An ASX-listed company failed to meet its own standards for investigating alleged misconduct when it neglected to interview two key witnesses and relied upon a manager's inaccurate account of a worker's response to accusations, the FWC has found.

Employer's "tin ear" over remote worker's COVID-19 pressures

In a decision highlighting the challenges of managing remote workers during a pandemic, the FWC has awarded compensation to a salesperson dismissed after a director took exception to her attitude during a teleconference and drew negative conclusions about her productivity after scrutinising her Instagram posts.

Tribunal reverses safety sacking

The FWC has ordered the reinstatement of a mine under-manager with an impeccable 40-year work record but docked $55,000 from his pay for misconduct that resulted in a colleague straining his leg.