Unfair dismissal/termination of employment page 1 of 103

1028 articles are classified in All Articles > Legal > Unfair dismissal/termination of employment


CUB had right to resist reinstatement of on-hire worker: Full Court

A full Federal Court has dismissed an on-hire worker's bid to overturn a FWC ruling that it could not force a labour hire company to reinstate him to his former job at client CUB, upholding the tribunal's finding giving primacy to the host employer's right to determine who it allowed on its site.

Late application allowed after tardy HR advice

The FWC has extended time for a Victorian tram driver wrongly told he could use his employer's internal appeals process to challenge his sacking, with the advice not corrected by HR until a day after the tribunal's filing deadline.

Pfizer hold-out's abandoned case not unreasonable: FWC

The FWC has rejected a costs application against a worker who missed her employer's deadline to register for COVID-19 jabs because she was holding out for the Pfizer vaccine, at a time when its south-western Sydney location was subject to extra lockdown restrictions.

End of road for unvaxxed worker who relied on Dean dissent

A worker dismissed for failing to meet his employer's COVID-19 inoculation deadline has failed to win an extension of time for his day-late dismissal claim, after he rushed to lodge it in the wake of the landmark Kimber full bench ruling three days before the 21-day-limit.

Novavax-awaiting nurse refused extra time to contest sacking

A nurse sacked after seeking leave to wait for the Novavax vaccine to become available has failed to win an extension after mailing her unfair dismissal application just three days before the deadline, unlike another nurse who did not get vaccinated on time and sent her claim seven days before the cut-off.

Manager's "gumby" slur helps seal costs award

The FWC has ordered costs against a worker held to have called a colleague "Gumby", "Dumbo" and "Homer" while on a "connived power trip", finding he could have achieved his bid to clear his name by accepting a generous settlement offer.

Intellectual property concerns warranted sacking: FWC

The FWC has upheld a government-funded organisation's summary sacking of a support officer who claimed ownership of a program's intellectual property while planning with a team of consultants to take it outside.

Bench reinstates sacked union delegate

An FWC full bench has quashed a decision to compensate a union delegate unfairly sacked by Simplot a year ago and instead ordered it to reinstate him, holding a senior member weighed irrelevant considerations in deciding not to give him his job back.

FWC's reasons for upholding sacking to remain a mystery

The FWC has upheld the sacking of a Westpac manager who only learned of the reason for her summary dismissal after the tribunal issued confidentiality orders restricting its own ability to publish details of the case.

Tribunal won't swallow marijuana cookies claim

The FWC has refused to accept a worker's claim that he tested almost 20 times over the limit for the psychoactive compound THC because he unknowingly ingested up to three marijuana cookies from a plate of food taken home from a 40th birthday party.