Procedural fairness page 29 of 53

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


Guard's pre-shift beers not a sackable offence

The FWC has reinstated an immigration detention centre officer sacked for consuming alcohol before an unscheduled shift, finding his behaviour fell short of serious misconduct.

Winery sacking far from vintage: FWC

A wine producer has been ordered to pay a 72-year-old former sales manager more than $15,000 in compensation after an FWC finding that an external "dispute resolution" consultant contributed to a flawed dismissal process.

Repeated mobile use did not warrant instant sacking

A gym must compensate a martial arts instructor for taking the "unnecessarily harsh" step of summarily sacking him, despite the FWC finding it within its rights to give him his marching orders for constantly using his phone while supervising classes.


"People like you can't get pregnant" remark justified sacking

The FWC has upheld the dismissal of an Energy Australia employee who told one colleague she could not get pregnant due to her sexuality and suggested to another that he was related to Deepak Chopra because of his Indian descent.

Super-union debuts; Bench scuttles offshore deal; & more

NUW deregistered, UWU out of the blocks; Wrong rate claim sinks offshore deal, Bench rules; Google no answer to getting dismissal right; and Cop's bid for early long service leave rejected.


Brawl at BHP Xmas party justifies sacking

The FWC has upheld the sacking of a BHP Coal mineworker who punched a supervisor in the face and asked a colleague if she had "fake t-ts" at a company Christmas party, but has reinstated another employee dismissed for serious misconduct at the same event.

"Unidentifiable" consequences help post-midnight claim proceed

In a decision that potentially moves the dial on how much the 21-day deadline for unfair dismissal claims can be stretched, the FWC has in discerning no practical consequences granted an extension to a worker who lodged their form 29 minutes after midnight on a Friday.

Hefty penalty for KKR-backed company that forged payslips

A company "motivated by malice" when it forged documents to cut the leave balance of a chief operating officer it perceived as "a thorn in its side" has been ordered to pay $250,000 in penalties and unpaid entitlements.