Unfair dismissal/termination of employment page 10 of 104

1039 articles are classified in All Articles > Legal > Unfair dismissal/termination of employment


Second-time-around sacking unfair without fresh evidence: FWC

A government agency has been ordered to reinstate a worker dismissed a year after it attributed a workplace vehicle collision to "human error", the FWC finding it had produced no further evidence to warrant the change of heart.


FWC saves "threatening" worker's bacon

The FWC has reinstated a bacon worker, after holding it was not threatening to say she felt like knocking a colleague off her perch, while finding the employer contributed to their stress, denied her procedural fairness and had a tendency to exaggerate evidence.

Supervisor allegedly wanted $50K to disappear "quietly"

The FWC has upheld the sacking of a traffic management supervisor who allegedly directed his union representative to ask for $50,000 to "go away quietly" after the employment relationship was soured by his refusal to be on-call on weekends.

"Death row" manager's late application dismissed

A manager placed on "death row" after missing sales targets has had his one-minute-late unfair dismissal application rejected despite the FWC finding he had an arguable case.

End of the road for Coles driver sacked for drug test failure

A full bench has overturned an extension of time, originally granted on the basis of his union's representative error, for a truck driver summarily sacked by Coles Supermarkets after testing positive for methamphetamine and cannabinoids.

Sacking justified after Facebook posts: FWC

The FWC has upheld the sacking of a finance broker who posted sexually-explicit Facebook memes, including one featuring a colleague after seeking her permission, finding a "robust" and sub-par workplace culture did not make his ousting unfair.

Tribunal backs sacking of "allergic" worker who refused flu vax

The FWC has upheld the sacking of an aged care receptionist who refused a flu vaccination on the basis of a previous allergic reaction, finding her employer "objectively prudent" in refusing to let her work despite her doctor's contraindication form.

FWC upholds sacking of hugging teacher

The FWC has upheld the dismissal of a 52-year-old Victorian secondary teacher who "crossed the line" when he hugged and touched boys, despite also finding his employer did not follow the disciplinary procedures set out in its enterprise agreement.

"Naïve" Facebook post insufficient reason for sacking: FWC

In a decision highlighting both the perils of "naïve" social media use and the incongruities of the JobKeeper program, the FWC has declined to award compensation to a teenage casual swim instructor unfairly sacked for recommending a rival business on a community Facebook page.