Procedural fairness page 1 of 42

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


Unfair to sack worker for flattening pet galah: FWC

An employer unfairly sacked a labourer for running over a pet galah, the FWC has held, rejecting claims that he breached a formal directive not to operate vehicles when Crackers was on the ground.

Protest that flouted public health orders justified sacking: FWC

The FWC has distinguished between "regular" industrial protests and those likely to attract "public outrage" during pandemic restrictions in finding a crane company entitled to sack an operator who attended a violent anti-vax rally outside CFMMEU offices in Melbourne.

Dozing prison guard reinstated after "procedural muddle"

A prison guard who nodded off during shifts has won his job back after a tribunal found proper account had not been taken of his previously undiagnosed sleep apnea and that his dismissal was affected by a "procedural muddle" featuring two decision-makers reaching different conclusions.


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.

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.


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.

Sacked union official sues over alleged gambling discrimination

A former ETU official is suing over his expulsion from the union for credit card misuse and refusing to apologise for an alleged assault, claiming discrimination on the basis of his gambling addiction and that the matters had already been finalised under the branch's previous leadership.

Pandemic used to "disguise" ex-wife's sacking: FWC

The FWC has ordered a chief executive to compensate his ex-wife $27,000 for unfairly sacking her from their start-up, finding he used the COVID-19 downturn to "disguise" her dismissal as a redundancy soon after they separated.