Procedural fairness page 5 of 53

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


Unreported cannabis charge smokes worker

The FWC has upheld Sydney Trains' dismissal of a long-serving station manager for breaching its code of conduct when he failed to disclose serious criminal charges, including possession of more than two kilograms of cannabis he claimed to be holding "for a friend".

Employer on the rack after manager's "implausible" evidence

The clothing company behind the Calvin Klein and Tommy Hilfiger brands has been ordered to pay a former employee almost $25,000 in compensation and damages after failing to persuade a judge it didn't sack her for complaining about her workload, "unrealistic" deadlines and a colleague's behaviour.

Dog day for handler as FWC backs instant dismissal

A Serco prison dog handler's refusal to cooperate with a HR manager he accused of conducting a fishing expedition, covertly recording their interview and claiming in front of an inmate that he had evidence to "crumble the empire" warranted his summary dismissal, the FWC has held.

"Faith stream's" vax views insufficient to sway FWC

The FWC has rejected an unvaccinated child protection officer's faith-based challenge to her sacking, despite claims that requiring her to get a COVID-19 jab is akin to asking a Muslim worker "to have injections that s/he considered not Halal".



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.