Procedural fairness page 41 of 53

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


Flawed HR investigation did not exonerate sacked worker: Bench

An FWC full bench majority has refused to accept that an employer's flawed investigation process, coupled with uncharacteristic behaviour purportedly sparked by mixing medication and alcohol, excused a coal miner sacked over profanity-laced threats to co-workers.


Bench reverses employer's representation win

An FWC full bench has quashed an interlocutory decision allowing an employer to engage lawyers, finding it incumbent on the tribunal to give a self-represented employee an opportunity to weigh in on the matter.

11-day hiatus not fatal: Bench

A worker will have another shot at seeking a 45-day extension to file his general protections claim after an FWC full bench found he was wrongly refused on the basis that he needed a credible explanation for the entire length of the delay.

Council's HR meltdown led to beach inspector's sacking: FWC

The FWC has ordered a council to reinstate a beach inspector summarily sacked after fixing air-conditioning units that heated instead of cooled its new vehicles, taking it to task over a deeply flawed investigative process that belied the HR and legal expertise available to it.

Social media post had sufficient nexus with workplace: FWC

In an important ruling on out-of-hours conduct, the FWC has found that an employer didn't need to receive a complaint before investigating then sacking a worker for sharing a p--nographic video via social media with friends who included 19 male and female work colleagues.

Chronic marijuana-user posed "catastrophic" safety risk

A senior FWC member has upheld the sacking of an underground mineworker who tested positive for THC and continued to have elevated levels of the drug in his system 22 days later, finding it the "only course of action open" to the employer.

Embassy unfairly sacked driver with bad back: FWC

A contested payslip and an unsigned employment contract obtained in "unusual" circumstances have persuaded the FWC that an ambassador's driver was unfairly dismissed after he informed the embassy he couldn't work for more than two hours at a time because of a sore back.

Direction to swap Byron Bay for Sydney unreasonable: FWC

A home-based sales representative has been compensated after the FWC found that he was sacked within a day of receiving a "manifestly unreasonable" ultimatum to pack up his life in Byron Bay and return to work in his employer's Sydney office.

GPS catches out timesheet fraudster

The FWC has upheld the sacking of a group training company's trainer for falsifying his timesheets, but has upbraided the employer for failing to give the worker enough time to study the complex allegations against him.