Procedural fairness page 25 of 54

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


HR manager accused of "smirking" ordered to give evidence

An HR manager who resigned from her job has been ordered to give evidence in the case of an injured worker who claims she "smirked" when informing him at his dismissal meeting that he would not be getting any further support.

FWC upholds "time fraud" sacking

A hospital cleaner who spent a third of his working time in a tea room has failed to convince the FWC that he was sacked for unsatisfactory performance rather than serious misconduct and therefore should have been warned

Valid to sack worker whose threats invoked serial killer Milat

A business that "outgrew" its informal HR processes got its fingers burnt when a young employee's welfare became endangered by its tolerance of the escalating misconduct of a worker who threatened to give him "the Ivan Milat treatment", the FWC has found.

"Impracticability" of sanitising a koala led to redundancy: FWC

The "obvious impracticability" of sanitising a koala helped to justify a pandemic-affected wildlife sanctuary's decision to make redundant a worker responsible for co-ordinating photographs of visitors holding its main attraction, the FWC has found.

FWC upholds sacking of traumatised whistleblower

The FWC has upheld Essential Energy's dismissal of a whistleblowing risk manager deemed unable to perform her job's inherent requirements after suffering PTSD and taking extended leave following a finding that she breached its code of conduct.

Tribunal lauds employer's handling of safety-shy worker

The FWC has upheld the "scrupulously fair" sacking of a second-in-charge installation worker over multiple safety breaches, including some so fundamental he should not have needed training to prevent them.

Cup day dismissal not on the nose

Procedural flaws in a worker's summary dismissal on Melbourne Cup day did not outweigh the seriousness of having invited the theft of a company vehicle by leaving the keys in the ignition, the FWC has found.


"Admonished" for wearing fast-fashion shoes, sacked lawyer claims

The FWC has agreed to hear a senior public sector lawyer's claims he was denied pay rises after being "admonished" for wearing Zara brand shoes, despite a court finding his employer conducted two procedurally fair investigations before sacking him for misconduct.

Order to complete COVID-19 survey a lawful direction

The FWC has upheld a recruitment company's dismissal of a consultant who refused, as the coronavirus pandemic escalated in early March, to complete a survey about his recent history of travel to destinations with moderate to high COVID-19 risks.