Misconduct page 1 of 61

602 articles are classified in All Articles > Termination of employment > Misconduct


FWC reflects on "window of currency" for valid sacking reasons

In a decision assessing how long a valid reason remains "current", the FWC has overlooked serious procedural deficiencies to back a landscaping business's summary sacking of a gardener almost two months after he called a colleague a "fat exploiter of foreigners".

Worker sacked for leaving his shift for five hours

The FWC has upheld the sacking of a supervisor for changing the ratio of carers for an NDIS participant without permission and leaving a colleague in an unsafe situation.

$12K costs against AAT associate who wanted to "box on"

A migration agent accused of having active cases in the Administrative Appeals Tribunal after he started working for it as an associate must pay $12,000 towards its legal costs after pursuing an unsuccessful adverse action claim challenging his sacking.

Member set bar "too high" for suppression orders: Bench

In a significant decision on principles of open justice, gas giant Santos has won confidentiality orders on its second attempt as it defends its sacking of a former outlaw motorcycle gang member accused of s-xually harassing a 22-year-old apprentice.

Compensation for worker sacked after big night out

An employer had insufficient evidence to support its sacking of a manager who consumed up to 15 standard drinks the day and evening before his 7am start, the FWC has ruled.

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.

Big miner should not have cut worker adrift: FWC

A MEU lodge president with an "extensive" disciplinary record has narrowly won his job back at a South32 coal mine, but not before having his backpay halved for failing to report the safety incident that led to his sacking.

HR professor's Pride flag objection falls flat

A HR professor who describes himself as "against woke nonsense" has failed to persuade a FWC member that he should recuse himself from hearing his general protections application because his chambers' email signature features the LGBTIQ+ flag.

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.

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.