Unfair dismissal/termination of employment page 5 of 130

1297 articles are classified in All Articles > Legal > Unfair dismissal/termination of employment


Vaccination refusal not a repudiation of contract: FWC

Australia’s largest family-owned office supplies company unfairly sacked an account manager when it claimed she repudiated her contract by refusing to get a COVID-19 jab, the FWC has found.


FWC upholds bona fides of AMWU officer's redundancy

The FWC has found the AMWU genuinely made special projects officer Dave Kelly redundant, finding it retrenched him because it "was no longer a good spend of union funds to pay" him, rather than any "union election-related skullduggery" or "capriciousness".

FWC overturns summary sacking for "confidentiality" breach

The FWC has ordered a Gold Coast cabaret club to compensate two workers it sacked after intercepting private social media discussions about a colleague's pay, finding it treated them like they had broken into its equivalent of the Watergate complex to expose key secrets over WikiLeaks.

Employer "planned" gay chef's harassment sacking: FWC

An "openly gay" head chef sacked for allegedly molesting female co-workers has won $16,000 compensation, after the FWC found it "more than coincidental" that his employer decided that s-xual harassment provided a valid reason for summary dismissal before it emailed employees a survey full of loaded questions.

FWC upholds sacking for medical marijuana use

The FWC has upheld the sacking of a mineworker for failing to disclose his use of prescription medicinal cannabis on his days off, despite the fact he passed all drug tests and left a 32-hour buffer before the start of his working weeks.

Worker wins more time to contest "harassment" sacking

The FWC will consider the late unfair dismissal claim of a worker who believes his employer sacked him for alleged sexual harassment, after receiving evidence that five law firms rejected his case on one day alone.

FWC backs post-separation dismissal of director's wife

The FWC has upheld a business owner's on-the-spot sacking of his newly separated-wife when she refused to hand over an account password, finding their interpersonal conflict and her failure to follow directions trumped a flawed dismissal process.

"Deeply flawed" process after harassment claim: FWC

The FWC has ordered the reinstatement of a dump truck driver dismissed after a "deeply flawed" investigation into allegations he exposed a female trainee to explicit images while passing around his phone.

Wrong test applied over workplace fight case: Bench

A FWC member incorrectly apportioned the burden of proof and applied the wrong test for "reasonable" self-defence in ordering reinstatement of a train driver sacked after fighting with a stranger on a station concourse, a full bench has found.