Misconduct page 9 of 60

595 articles are classified in All Articles > Termination of employment > Misconduct


FWC backs supervisor's sacking for role in boozy lunch

The FWC has upheld the sacking of a supervisor summarily dismissed for disobeying a reasonable direction when he allowed his team to drink alcohol while celebrating the completion of a major project.


FWC backs sacking of driver who failed to disclose stroke

A tram driver whose failure to disclose his stroke "strikes at the heart of the employment relationship" has failed to establish that his employer unfairly sacked him, despite one of the employer's doctors breaching confidentiality requirements to set the record straight.

Academic's Israeli flag swastika no basis for sacking: Court

In a significant ruling on supposed 'cancel culture', a court has found a leading sandstone university and its former deputy vice chancellor breached an agreement's intellectual freedom clause when the institution sacked a lecturer for superimposing a swastika on a posted image of an Israeli flag.

Judge queries conflicting approaches to adverse action cases

A Federal Court judge, after identifying conflicting case law on how to assess employers' motives, has concluded that the ATO did not sack an auditor for complaining about "defamatory" claims that he told colleagues during office drinks that he would "f--k" his manager to get a promotion.

Sacked lawyer's vax status not a private matter: FWC

The FWC has tossed out an unfair dismissal claim from a government lawyer responsible for overseeing safe workplaces, finding he fully understood the seriousness of "wilfully and persistently" refusing to confirm his COVID-19 vaccination status.

FWC reinstates transport worker who hugged Year 8 student

A Sydney Trains employee has won his job back after he was initially convicted of assaulting a Year 8 student by hugging and kissing her on a platform, the FWC first seeking feedback on whether to move him to another station or role.

University applauds shift of approach on harassment

Australia's largest tertiary education sector employer has commended the regulatory inclusion of s-xual harassment among instances of serious misconduct as having produced a "nuanced" shift wherein the emphasis is no longer on why perpetrators should be dismissed, but rather on why they "should not" be sacked.

Rehearing for worker sacked after non-existent policy breach

A foreign exchange dealer sacked after unwittingly becoming entangled in a $23,000 fraud will have his unfair dismissal case reheard after a FWC bench agreed a tribunal member found him in "serious breach" of a company policy that did not exist.

Fingerprint expert reinstated after fall-out from husband's affair

A Victorian Police fingerprint expert has been reinstated after the FWC found her dismissal for "deceitfully" calling her detective husband's ex-lover during work hours both disproportionate and harsh in terms of its financial impact.