Procedural fairness page 1 of 41

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


Reinstatement, backpay for nurse sacked over weight

A nurse sacked over her morbid obesity and unfitness to perform duties has won reinstatement and nearly three years' backpay, but a tribunal says she might not sufficiently recover from health setbacks caused by her lengthy suspension and wrongful dismissal.

HR failed to flag obligations to injured worker: FWC

The FWC has awarded compensation to a sacked childcare worker after noting the "disturbing" failure of a company's HR department to inform the chief executive of protections for employees forced to take time off due to illness or injury.

FWC to re-hear case of lawyers sacked for "insubordination"

A criminal lawyer has succeeded in overturning findings that he unfairly sacked two solicitors he accused of "insubordination" and "sabotage", a FWC bench ruling that a tribunal member was too dismissive of his explanation for missing a hearing.

Compensation for manager sacked over unwelcome comments

The FWC has ordered compensation for a bottleshop manager held to have asked a customer "would you like a root hehehe receipt", finding his employer had no excuse for its "procedurally disastrous" sacking after accessing an employer organisation's IR advice.

Legal fees suck up sacked workers' compensation

The FWC has questioned the choices that left two sacked childcare workers out of pocket despite being awarded compensation of 21 weeks' pay, observing that a "realistic" approach to the employer's settlement offer would have avoided costs that included having a barrister represent them before the tribunal over three days.

Reinstatement for worker made an "example"

The FWC has redrawn an employer's "line in the sand" over the use of mobile phones while driving forklifts, ordering it to reinstate and compensate a worker after concluding he was harshly sacked for a first safety policy breach.

"Superficial" process undermined sacking: FWC

Inghams unfairly sacked an Ethiopian-born worker for failing to weight-check multiple boxes of turkey leg, the FWC has held, noting its failure to provide a translator while "superficially" adhering to correct procedures might explain why it did not know he was following a supervisor's instructions.

Bench endorses employer's "commendable" sacking process

A FWC full bench has upheld a finding that a Toll health and safety representative was not entitled to be paid for attending the disciplinary meetings of another HSR, or grabbing a coffee after, and was after a "commendable" process rightfully sacked for falsifying his timesheets.

FWC roasts "O'Brien way" of running business

A family-run venue management and catering business with thousands of workers and an "unsophisticated" and "impotent" HR function constructively dismissed its manager at a major stadium after issuing her two "entirely unsatisfactory" warnings for conduct that included requesting free tickets to a Geelong v Richmond AFL game.

Drink-driving unrelated to rail operator's job, FWC rules

In an important out-of-hours conduct ruling, the FWC has reinstated a veteran train driver sacked after he told his employer that he faced possible imprisonment for blowing four times over the blood alcohol limit when police breath-tested him on the road.