Procedural fairness page 41 of 41

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


Marijuana smoker wins job back despite zero tolerance policy

Zero-tolerance drug and alcohol policies are back in the spotlight following the FWC's decision to reinstate a ship's master who crashed his ferry into a Sydney Harbour wharf 16 hours after smoking marijuana at home to relieve shoulder pain.

Teacher wins reinstatement appeal

In a ruling that highlights the need for tribunal members to fully explore reinstatement options for unfairly dismissed employees, the Fair Work Commission has upheld an appeal by a Catholic teacher against a decision not to give him his job back.

Appeal court upholds $1.6m payout to sales director

A finance company has failed to overturn an order to pay $1.6m in damages to a sales director it initially dismissed on notice and then purported to summarily sack for allegedly sexually harassing a subordinate.

Repeat abuser loses dismissal case

The Fair Work Commission has rejected an unfair dismissal claim by an overweight forklift driver after it found he had abused his managers after having received a final written warning for similar behaviour six months earlier.

Dismissal meeting support person not an advocate: full bench

The obligation for employers to let employees bring a support person with them to any discussions that could lead to dismissal does not extend to allowing that person to be an advocate, a FWC full bench has confirmed in overturning a ruling by Commissioner John Ryan that an executive director was constructively dismissed.