Unfair dismissal/termination of employment page 35 of 132

1316 articles are classified in All Articles > Legal > Unfair dismissal/termination of employment


"Seems unjust", but worker two hours' short of protection: FWC

A small business that sacked a worker and sent him home less than two hours before he served the 12-month minimum employment period to qualify for unfair dismissal protection has successfully fended off his FWC claim.

"Superficial" process undermined sacking: FWC

Inghams unfairly sacked an Ethiopian-born worker for failing to weight-check multiple boxes of turkey leg, the FWC has held, noting its failure to provide a translator while "superficially" adhering to correct procedures might explain why it did not know he was following a supervisor's instructions.

Bench endorses employer's "commendable" sacking process

A FWC full bench has upheld a finding that a Toll health and safety representative was not entitled to be paid for attending the disciplinary meetings of another HSR, or grabbing a coffee after, and was after a "commendable" process rightfully sacked for falsifying his timesheets.

Sacking claim proceeds after HR manager "strung out" review

A defence contractor's people and culture manager "strung out" a worker who sought a review of his redundancy before finally confirming the employer's view was unchanged half an hour after the deadline for filing an unfair dismissal claim, the FWC has found.

FWC roasts "O'Brien way" of running business

A family-run venue management and catering business with thousands of workers and an "unsophisticated" and "impotent" HR function constructively dismissed its manager at a major stadium after issuing her two "entirely unsatisfactory" warnings for conduct that included requesting free tickets to a Geelong v Richmond AFL game.

Employment relationship not broken by resignation: FWC

A five-day hiatus between resigning from a fixed-term position and re-starting the same job on a casual basis did not break the minimum employment period necessary for a worker to challenge her dismissal, the FWC has found.

McKinsey worker sacked after four weeks claims adverse action

A digital specialist is seeking reinstatement at McKinsey & Company and asserting her right to keep a $30,000 sign-on bonus in an adverse action case claiming her mental illness and legal action against a previous employer prompted it to sack her after less than a month.


Drink-driving unrelated to rail operator's job, FWC rules

In an important out-of-hours conduct ruling, the FWC has reinstated a veteran train driver sacked after he told his employer that he faced possible imprisonment for blowing four times over the blood alcohol limit when police breath-tested him on the road.

FWC rejects driver's breathalyser-fail explanation

The FWC has upheld a Qube subsidiary's sacking of a truck driver who blamed a positive blood alcohol reading on sucking on three-quarters of a 10-pack of Anticol cough lozenges to counter a dry throat.