Procedural fairness page 21 of 54

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


Employer had no obligation to consult with uncovered worker: FWC

In a decision underlining the perils faced by workers who are not covered by awards or enterprise agreements, the FWC has found an employer had no statutory obligation to consult an employee about its plans to make him redundant.

Estate agency sacked stellar seller after JobKeeper agitation

The FWC has ordered compensation for an award-winning Ray White real estate salesperson sacked after "stirring the pot" over plans to pass on only a proportion of JobKeeper payments to commission-based employees.




Big employer fell short of its investigation standards: FWC

An ASX-listed company failed to meet its own standards for investigating alleged misconduct when it neglected to interview two key witnesses and relied upon a manager's inaccurate account of a worker's response to accusations, the FWC has found.

Employer's "tin ear" over remote worker's COVID-19 pressures

In a decision highlighting the challenges of managing remote workers during a pandemic, the FWC has awarded compensation to a salesperson dismissed after a director took exception to her attitude during a teleconference and drew negative conclusions about her productivity after scrutinising her Instagram posts.

'Time fraud' sacking upheld despite employer being "asleep at the wheel"

The FWC has upheld the dismissal of a patrolling council worker accused of "time fraud", despite finding that her supervisor was "asleep at the wheel" in overlooking GPS data revealing that she regularly started late and visited her partner's home during work hours.

$1000 payout for worker denied JobKeeper

An employee potentially denied JobKeeper payments when his employer failed to consult him before making him redundant has won just $1000 compensation.

FWC rejects believer's bid to revive dead claim

A HR manager whose Christian faith led to him withdrawing an unfair dismissal claim after belatedly accepting he had been genuinely made redundant due to a coronavirus-related downturn has failed to win more time for a second application lodged upon learning new personnel had apparently filled his former role.