Unfair dismissal/termination of employment page 1 of 90

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


Test case looms on mandatory vaccinations

In a case likely to be closely watched by employers considering mandatory coronavirus vaccinations, the FWC will probe whether Ozcare unfairly sacked a long serving care assistant who refused a compulsory flu shot on allergy grounds, while the Commission has also weighed-in on the contentious issue of compulsory jabs for Santas.

ROC revives AWU donations investigation

The Registered Organisations Commission is proceeding with its controversial investigation into past donations by the AWU, after the union allowed the deadline to pass to appeal to the High Court.

Employer could not have provided greater procedural fairness: FWC

The FWC has praised the CSIRO's approach to the dismissal of a scientist accused of threatening students he supervised, describing him as a "peddler of false allegations" who sought to characterise almost every interaction with a superior as bullying.

Celebrated charity founder "a big bamboozler": FWC

The FWC has in a book-length decision questioned a former Young Australian Of The Year's wisdom in pursuing an unfair dismissal case that shed light on "potential" fraud committed against the homeless people's charity she founded.

Spirit of JobKeeper favoured retaining worker: FWC

The FWC has found employers are not obliged to keep workers on the payroll because of JobKeeper's availability, but has awarded a manager compensation for unfair dismissal that included 24 weeks of the job subsidy, because retaining him would have been "entirely consistent" with the scheme's objectives.

Employer took "kitchen sink" approach to allegations: FWC

The FWC has awarded $8000 compensation to an airport employee who transferred sensitive files from his work computer onto a personal USB, finding the employer took a "kitchen sink" approach to allegations used to justify his summary dismissal.

Praise for employer's patience in matter beyond "King Solomon"

In what stands as a lesson in managing employees with deeply-held grievances, a senior tribunal member has commended a large employer's HR department for its patience in trying to accommodate a "very difficult" worker before his dismissal.


FWC kneecaps "point-scoring" employer

A managing director's attempt to "point-score" during hearings into the dismissal of an employee who feared a gun-owning co-worker has been decried by an FWC commissioner as among the "poorest displays" from a respondent she has encountered in five years on the Commission.

Tribunal delivers brutal takedown of government agency sacking

In a warning about the myriad ways disciplinary investigations can go wrong, the FWC has rejected virtually every finding a large government agency relied on to sack an experienced rail employee who described his dismissal meeting as a "Pearl Harbour" moment.