Unfair dismissal/termination of employment page 98 of 132

1317 articles are classified in All Articles > Legal > Unfair dismissal/termination of employment


Prison officer wins job back despite letting one slip

The NSWIRC has reinstated a corrections officer whose "complacency" led to a high-risk prisoner escaping out a bathroom window, rejecting the employer's contention it no longer felt confident the experienced officer could do his job.

Religious law has ultimate power in employment contract: Court

A Supreme Court has reaffirmed the force of religious laws within employment contracts, restraining administrators at a cash-strapped Sydney synagogue from dismissing a rabbi after finding that his engagement conferred lifetime tenure under Orthodox Jewish law.

Worker clears "high hurdle" for late dismissal claim

The FWC has found that a combination of three factors, including a "significant" mental illness, justified extending time for an unfair dismissal claim lodged 164 days late by a former Woolworths worker.

"Unique peg" unfairly dismissed despite no role to fill

The FWC has found a not-for-profit employer unfairly sacked a contracted indigenous cultural heritage officer described as a "very unique peg for an absolutely unique hole" when it failed to adequately discuss alternative roles the umpire conceded were unlikely to exist.

Reduction in rostered shifts adds-up to dismissal: Tribunal

An employer that took away most of a pregnant cashier's rostered shifts after $300 in shortfalls has been ordered to compensate her after the FWC ruled that the resultant 75% reduction in her pay amounted to a repudiation of her employment contract.



Bench finds flaws in reinstatement of capsicum-spraying officer

A tribunal member who reinstated a transit officer sacked for spraying a minor with capsicum spray should have given greater weight to his past conduct and the viability of re-establishing an employment relationship, a full bench has found.


"Ignominiously memorable" case underlines importance of unfair dismissal protections: FWC

An employer treated a long-serving worker like a "dirty rag" when it sacked her for an alleged incapacity to meet her job's inherent requirements, the FWC has found in what it describes as an "ignominiously memorable" case that provides a "strong foundation for argument against any lessening" of unfair dismissal protections.