Procedural fairness page 1 of 53

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


Relationship "overlap" explained bank withdrawals: FWC

The FWC has ordered a small business owner to compensate his "disgruntled" ex-partner after finding she withdrew money from the company account in the context of their "deteriorating relationship", not as an employee wanting to damage the enterprise.

Scottish brogue contributed to worker getting the boot: FWC

The FWC has found it highly likely that a worker's Scottish accent contributed to her "this is sh*t" comment being misheard by her supervisor as "I quit", meaning the employer lacked a valid reason for her subsequent dismissal.

Payouts cut after workers refuse 100% WFH restructure

The FWC has reduced the redundancy entitlements of five former employees of online trading platform Bartercard after they refused new positions requiring them to work exclusively from home and to fork out the full cost of setting up an appropriate space.

Construction manager's sacking on shaky foundations: Court

In what stands as a forensic analysis of disciplinary process failings, a judge in a near-300-page judgment has found that a construction giant took adverse action against a senior manager when it sacked him for allegedly intimidating property owners while partying during the 2020 bushfire recovery effort.

$8K to worker sacked for getting "demonic" COVID-19 jab

A Newcastle-based church unfairly summarily dismissed a worker when it took the view that no-one vaccinated against COVID-19 could work for it because it viewed the inoculation as "the world's largest ever untested medical experiment", and retrospectively applied the policy to the worker without warning.

High Court to rule on potential new duty of care for employers

The High Court will consider whether employers' duty of care and consequent exposure to damages extends to providing "safe" disciplinary and dismissal processes that protect sacked workers from psychiatric injury.

"Judge, jury and executioner" sacking was harsh: FWC

A small not-for-profit organisation with no shortage of valid reasons for dismissing a finance manager who "disappeared" during an audit period has nevertheless been ordered to pay her more than $12,000 compensation after the FWC found its executive director should not have acted as "judge, jury and executioner" by overseeing the entire disciplinary process.

Payout for WFH worker forced back to office

The FWC has awarded compensation to an accounts assistant who said she could not return to the office after working from home for almost a decade, while her employer maintained that the arrangement only began with the pandemic.

TAFE workers reinstated after law firm's investigation criticised

The FWC has taken a leading law firm to task over its protracted investigation of three TAFE employees accused of fraudulent, dishonest and corrupt behaviour, rejecting findings of misconduct that led to their dismissal and ordering their reinstatement.

Palmer ordered to pay $40,000 to worker ousted in mass sacking

A Clive Palmer-owned business must pay a worker almost $40,000 for dismissing him by email along with 125 other employees, claiming he failed to work his hours amid site-wide fraud, theft and dishonesty,, and then asking him to re-apply for his job 20 minutes later.