Procedural fairness page 31 of 53

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






Teacher's "factual" poison anecdote no basis for sacking: FWC

A TAFE must reinstate a teacher it sacked after he named a prominent local farmer in a lecture about the effects of chemical sprays, the FWC finding that relating a "factual" 20-year-old anecdote did not amount to misconduct.

No room for pet theory before sacking: FWC

An employer that summarily dismissed a casual worker who abused and threatened colleagues should have offered her an opportunity to explain behaviour that might hypothetically have been a reaction to the death of a beloved pet, the FWC has found.

Reinstatement problematic after calling HR partner "despicable": FWC

A senior FWC member in upholding a Virgin Australia ground crew worker's dismissal over pilfered cigarettes has noted that "one's fate" is often sealed by attempted cover-ups rather than the actual misconduct, further observing that the former employee did himself no favours when posting on social media that the airline's HR partner was a "despicable human being".

Sacking by text not "generational", just plain callous: FWC

A long-serving industrial tribunal member has taken aim at an employer's claim that summarily sacking a worker by text was a "generational thing", describing the method as "unconscionably undignified" while insisting that dismissals should always be conducted face-to-face.

Dismissal rebounds on employer

Sacking a speeding truck driver who hit a kangaroo on a country road was disproportionate to his conduct, the FWC has held, finding he was denied a chance to explain or challenge GPS data.