Unfair dismissal/termination of employment page 48 of 132

1312 articles are classified in All Articles > Legal > Unfair dismissal/termination of employment


Redundancy genuine despite HR team's pratfalls

The FWC has accepted an employer's explanation that the "incompetency" of its HR team led it to advertising a redundant position less than two months later and subsequently inviting a former employee to "recommence" his role.

Insistent on-hire worker reasonably refused Coles shifts: FWC

The FWC has rejected an on-hire warehouse worker's unfair dismissal case after weighing evidence that he hectored his supervisors so much about returning after an accident that he was put on client Coles' "do not hire" list.

Senior tribunal member tiptoes through JobKeeper minefield

The FWC has refused to express a view on whether an NRMA-owned cruise operator should be able to withhold JobKeeper payments for a fortnight in which it provided more than $1500 in back pay due under a newly-approved deal.


Manager booted after complaints: Tribunal

The failure of a council's retired acting chief executive to give evidence about his reasons for sacking a pool duty manager who kept refusing to follow instructions has led to a finding it dismissed him because of his safety complaints.

Prison officer's "takedown" not excessive: Bench

A prison officer has successfully challenged a finding that he was fairly dismissed for using excessive force on a prisoner with a psychiatric illness, an FWC full bench holding that Victoria's Department of Justice lacked a valid reason.

Costs a matter of interpretation: Court

A labour hire company has failed to win costs against an unrepresented worker who pursued his unfair dismissal claim through four adverse findings in the FWC and Federal Court, a judge ruling that the employer didn't help its cause by declining to provide an interpreter and by filing confusing and irrelevant material.

Multiple misconduct incidents justify dismissal: FWC

A bus driver who replied to a customer complaint by writing "f--k off I know nothing" on his employer's response form did not commit serious misconduct justifying instant dismissal, but his hampering of other employees performing business-critical tasks warranted his sacking, the FWC has found.

Worker seeking to maintain JobKeeper cleared to challenge sacking

A casual waitress who filed an unfair sacking claim almost 50 days after her employer sent her a dismissal letter and removed her from JobKeeper does not need an extension as she was unaware of the development, the FWC has held.