Unfair dismissal/termination of employment page 108 of 132

1319 articles are classified in All Articles > Legal > Unfair dismissal/termination of employment




Tenacious unfair dismissal claimant granted "rare indulgence" by court

A self-represented litigant pursuing an unfair dismissal claim already twice rejected by the FWC has been granted a "rare indulgence" after a court allowed him an extension to fix his claim and address concerns the case has no prospects of success.

Sacking for "scab" comments disproportionate: FWC

BHP Coal Pty Ltd unfairly sacked a mine operator for misconduct over his use of the words "scab" and "scabby" in discussions with colleagues, because he did not direct the comments to anyone and they were not used in an industrial context, the FWC has found.

Lawler takes Cash to Federal Court; and more

Lawler takes on Cash; Perpetrators not entitled to domestic violence leave, says ACTU; PC floats new approach to allocating default super funds; and FWC president refuses to re-open crucial labour hire ruling.


Sacking unfair for sharing pic of colleague's contract

An employer unfairly dismissed an underpaid 457 visa worker for sharing photos of a properly-remunerated colleague's employment contract, but the FWC has refused him compensation, ruling he did not suffer financially because of his successful workers' compensation claim.



FWC rejects "too high a bar" argument for representation

The FWC has rejected a construction of the statutory "effective representation" test argued by a dismissed employee seeking to have a lawyer appear for him in the Commission, because it would set the bar too high even for "experienced industrial advocates and lawyers".