Unfair dismissal/termination of employment page 86 of 131

1304 articles are classified in All Articles > Legal > Unfair dismissal/termination of employment


BHP worker who flunked drug test allowed to challenge dismissal

The FWC has extended time for a BHP joint venture mineworker to lodge a general protections claim challenging his sacking over a failed drug test, but has agreed there is "great weight" to the employer's view that it is essentially an unfair dismissal application in disguise.

"Honest" Facebook error no defence: FWC

In a broad warning to employees mixing social media and work, the FWC has found that a BHP Billiton mineworker was justifiably sacked despite upon realising his error quickly deleting two Facebook posts mistakenly asserting shifts were cancelled.

Incomplete excuses for delays don't sink late filings: Bench

A February FWC full bench finding that a worker was wrongly denied an extension of time to file on the basis he needed a credible explanation for the entire length of the delay has prompted a bench to overturn another decision refusing more time.

Union official's summary sacking fair under small business code: FWC

The Flight Attendants Association has successfully claimed a small business exemption from a manager's unfair dismissal claim on the basis elected officials are not employees, the FWC finding that in helping draft a ROC complaint she defied reasonable directions not to discuss the secretary.


Lawyer ordered to pay costs after tardy revelation

The FWC has ordered a lawyer to pay half the costs awarded to an unfairly dismissed sales manager, finding he could have saved time and money by revealing on the morning of the hearing that his client would not press jurisdictional objections.

Compensation for sacked officer blindsided by photos

A multinational company bungled what could otherwise have been a fairly straightforward dismissal of a detention officer who slept on the job, the FWC finding that "blindsiding" her with photographic evidence at the second of two meetings denied the otherwise exemplary employee procedural fairness.


Hairdresser's Facebook sacking a bad cut, says FWC

The FWC has found that a hairdresser who both quit and was told she was fired during a bizarre late-night Facebook Messenger exchange was in fact unfairly dismissed, with the FWC observing there was no reason for it beyond the salon owner's "conspiracy theory".

FWC reinstates jettisoned driver

A bus company must reinstate a driver it dismissed on the spot, after CCTV footage undermined claims that he shouted at his general manager and behaved unreasonably after a meeting about his forcible ejection of a highly abusive would-be passenger.