Procedural fairness page 5 of 53

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




FWC warns workplace policies must be easy to understand

In returning a worker to her job and restoring most of her lost pay, finding the policy the worker breached "might make sense to copyright lawyers and some IT specialists, but probably no one else" the FWC has cautioned that "employer policy documents and manuals must be accessible, understandable and reasonable in their terms".

"Rogue" HR contractor not to blame for fumbled case: FWC

An employer alleging a "rogue" HR contractor's misconduct robbed it of a chance to defend a supervisor's unfair dismissal claim has failed to convince the FWC to revoke a decision that left it with a $34,000 compensation bill.

Lying not enough to justify sacking: Umpire

In considering the case of a worker sacked for failing to tell his employer about his licence suspension and then lying about it, a NSW IRC member has found that his length of service "'cuts both ways' – the longer an employee’s period of service, the more they can be expected to be aware of the conduct expected of them by their employer".

Reinstatement ordered after employer's "confected" allegations

The FWC has ordered the reinstatement of a construction worker sacked on the basis of a clutch of "confected" claims that included alleged commuting challenges after losing his driver's licence and his purported concealment of firearms and pornography charges.

Employer entitled to knock back worker's Novavax request: FWC

"Similarities" with the case of a worker awarded compensation after being shown the door for missing a COVID-19 vaccination deadline have not been enough to persuade the FWC that a public utility unfairly dismissed an employee when it denied him a chance to wait for a Novavax jab.

HR manager not required to appear in "cover-up" case

The FWC has ordered a Serco supervisor and corrections officers to front a hearing of an unfair dismissal claim of a prison canine handler who accuses the company of sacking him to cover up the allegedly cruel treatment of a dog that had to have its tail amputated.

Anti-lockdown rallying cry warranted dismissal: Court

A casual Census collector sacked by the ABS for calling on her 7000 LinkedIn connections to revolt against COVID-19 lockdowns has failed to persuade a court that it "violently" discriminated against her.

HR managers lack "quite specific" advocacy skills: FWC

A 63-year-old worker's summary "time theft" sacking has been upheld after the FWC ruled that his multinational employer's HR team lacked the firepower to argue its case against a union's experienced industrial advocate.