Procedural fairness page 4 of 41

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


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.

Scientist's redundancy a sad case of economic rationalism: Judge

A judge has taken an unsparing swipe at "economically rationalist management policy" in considering an eminent CSIRO scientist's challenge to his redundancy, bemoaning a selection process based on candidates' capacity for "external revenue generation".


HR process undermined "very strong" sacking case: FWC

A mining company must reinstate a summarily sacked coal mine worker and reimburse six months' lost income after its hasty and "inadequate" HR disciplinary process "effectively turned a very strong case with a valid reason to one with little or no procedural fairness".

FWC upholds sacking of worker for punch after Yakuza claims

The FWC has upheld the dismissal of a student visa holder who punched a co-worker in the face after accusing him of saying "a lot of bad things" about a colleague she claimed was regularly being sexually assaulted by local Japanese gangsters.