Procedural fairness page 23 of 54

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


No adjournment for sacked worker juggling criminal appeal

The FWC has declined to adjourn an unfair dismissal case despite a former Victoria Police employee's concerns he is constrained after exercising his right to silence in a criminal case largely reliant on the same set of contested facts.

Academic fairly sacked after indulging in "game of semantics"

Upholding the dismissal of an academic who deliberately stymied all attempts to establish her fitness to return to work, the FWC has found she treated the process like a "game of semantics" through which she could wear her employer down.


"Incompetent" HR manager bungled sacking: FWC

An "incompetent" HR manager's bungled sacking of a retail worker has contributed to an FWC finding that it was unfair, despite the employee's secret recordings of disciplinary meetings providing a valid reason.


Listed company sued over abrupt COVID-19 sacking

A former labour hire design engineer who claims he became an ASX-listed company's direct full-time employee is seeking redundancy pay and more than six years of entitlements after it allegedly sacked him with one day's notice due to COVID-19.

FWC issues warning to performance-managed workers

In rejecting the unfair dismissal claim of a childcare worker who said she resigned because of bullying, a senior FWC member has observed it is "unfortunately easy" to respond to performance management with counter-allegations.

Hitler parody worker wins $201K compensation, loses promotion

While ordering BP to pay more than $200,000 compensation to a reinstated worker who made a Hitler parody video of its protracted bargaining with oil refinery workers, an FWC full bench has allowed it to reduce his bonus and revoke a promotion.


Reinstatement after racist message due to "inexplicable" HR failings

The Reserve Bank must reinstate a senior network engineer who accidentally posted to a WhatsApp workplace group a racist message meant for his wife, the FWC finding its procedural failings despite HR expertise to be "simply inexplicable".