Procedural fairness page 39 of 53

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



FWC upholds sacking after family violence

The FWC has found "justified, proportionate and fair" the summary sacking of a health worker whose duties included running a men's group that addressed issues including domestic violence, after police arrested and charged him with assaulting his partner.


Guard "ambushed" over misconduct claims: FWC

A large employer's failure to tell an employee what claims were being investigated before conducting a recorded interview was among a number of flaws identified by the FWC in a procedurally "infected" dismissal.


Compensation for sacked officer blindsided by photos

A multinational company bungled what could otherwise have been a fairly straightforward dismissal of a detention officer who slept on the job, the FWC finding that "blindsiding" her with photographic evidence at the second of two meetings denied the otherwise exemplary employee procedural fairness.

Hairdresser's Facebook sacking a bad cut, says FWC

The FWC has found that a hairdresser who both quit and was told she was fired during a bizarre late-night Facebook Messenger exchange was in fact unfairly dismissed, with the FWC observing there was no reason for it beyond the salon owner's "conspiracy theory".

FWC reinstates jettisoned driver

A bus company must reinstate a driver it dismissed on the spot, after CCTV footage undermined claims that he shouted at his general manager and behaved unreasonably after a meeting about his forcible ejection of a highly abusive would-be passenger.

Not unreasonable to reject worker's union support person: FWC

In upholding the sacking of a nurse who slept on the job and refused to meet with her employer without a Health Workers Union organiser who was banned over OHS concerns, the FWC has found it not unreasonable for an HR manager to threaten to resign rather than work with the official.

Employer's bland statement no assistance; & more

Bench says employer's "bland" description no help to BOOT assessment; FWC takes chainsaw to gardener's sacking; and Tribunal rejects bid to require witness to appear in person.