Procedural fairness page 1 of 27

268 articles are classified in All Articles > Termination of employment > Procedural fairness


FWC upholds ejection of remorseless buttock-tapper

The FWC has upheld Star Casino's sacking of a food and beverage server who said he tapped a colleague's bottom in an act of comradery, accused three workmates of entrapping him and threatened to "raise hell" for his employer.

Glazier's dismissal ruling lacked reflection: Bench

An FWC member must rehear the unfair dismissal claim of a glazier sacked for frequent absences following surgery, a full bench finding he failed to consider whether the employer notified the worker of reasons later found to be valid or gave him a chance to respond.

Pink hair and s-xual objectification didn't justify sacking

The FWC has held that a service station operator "set about" dismissing a worker after she filed a compensation claim, unfairly sacking her over her pink hair, s-xual objectification of a male customer and derogatory comments, despite having some valid reasons.

HR manager "ambushed" worker at disciplinary meeting: FWC

The FWC has taken a disability care provider to task over the process followed in dismissing one of its workers, finding she was "summonsed" by its HR manager "to participate in an ambush of her employment".

Compensation for supervisor who put podgy bar down undies

The FWC has awarded more than $2000 compensation to a roadside supervisor dismissed after he inserted a metal bar down the rear of a co-worker's pants and directed crew members to collect refundable cans and bottles so he could give the money to his daughter.

Bench corrects "counter-intuitive" compensation ruling

A tribunal member "counter-intuitively" refused to award compensation to an unfairly dismissed employee after failing to assess financial loss and wrongly asserting that she had admitted to competing priorities, an FWC full bench has found.

$10K for manager sacked while on sick leave

A home improvement company had a valid reason to sack a business manager who recklessly approved credit for a struggling customer, but the FWC has held that its process in dismissing him while on sick leave rendered it unfair.

Rotary penalised for "striking at heart" of workplace laws

Rotary International's "egregious" dismissal of a Sydney-based manager who initiated an adverse action claim has earned it a $50,000 fine from a judge who singled out the organisation's US-based No.2 for her role in a breach that "struck at the heart" of Australian workplace laws.


"Contemptuous" company should have involved HR: FWC

The FWC has found that it "reflects poorly indeed" on a printing company if it did not investigate sexual harassment complaints an unfairly dismissed female employee made to HR, while it has also referred the employer's "contemptuous" failure to comply with an order to attend the Commission to the tribunal's general manager for further action.