Unfair dismissal/termination of employment page 1 of 67

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


HR team given approving tick over inherent requirements sacking

In what stands as a best-practice model for inherent requirements dismissals, the FWC has endorsed an HR department's handling of a complex case involving an injured storeperson unable to lift more than five kilograms.

Department's failure to use HR experts led to unfair sacking: FWC

The Victorian Department of Parliamentary Services' failure to utilise its HR expertise has contributed to a finding that it unfairly sacked a senior electoral officer on the basis that he lost the trust and confidence of the Labor candidate he served.


"No grounds" for doctor's bullying assessment: FWC

A tribunal member has in rejecting a late unfair dismissal application cast doubt on the merits of a medical certificate asserting the worker was suffering from depression caused by workplace bullying, questioning whether the doctor was qualified to make such an assessment.

Bench delivers opening round win for redundant seafarers

In a decision clarifying the interplay between model terms and agreement clauses, a shipping company facing multiple challenges to alleged redundancies has failed to convince an FWC full bench that a model clause cancels out consultation requirements in its agreement.

"Shock" $1 million legal bill led to director's sacking

The FWC has upheld a cattle station's sacking of a director for serious misconduct, finding he paid himself unauthorised leave and failed to inform the elderly business owners of escalating legal fees of more than $1 million.

Late dismissal case proceeds after employer caused "confusion"

The FWC has in accepting a worker's late unfair dismissal application overlooked her failure to include her former employer in emails seeking numerous time extensions, finding it balanced by her willingness to "engage" with the Commission in pursuing the matter.

"Bad look" pregnant worker wins compensation

A bottle shop attendant told by her manager that she would not be able to work in a bar while pregnant because it was "a bad look" has been awarded almost $40,000 in compensation and penalties, a court finding there was "no doubt" the employer breached adverse action provisions.

Professor wins $1.2 million for "egregious" sacking

An academic found to have been unlawfully dismissed by James Cook University over criticisms of prominent climate research has been awarded more than $1.2 million, the presiding judge excoriating the institution over its "egregious abuse of power" and public statements intended to "sow doubt" about his findings.

Esky-throwing excavator drivers compensated for sacking

Two excavator operators who allegedly belittled trainees with "foul tirades" that left them so shaken one walked off the job have won compensation, the FWC finding their dismissal was procedurally unfair.