Procedural fairness page 33 of 54

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


Member wrongly divined Chinese company's "sinister" motive: Bench

Quashing a finding that an airline unfairly dismissed a sales manager who refused to relocate to Beijing after breaching luggage security, an FWC full bench says a tribunal member wrongly ascribed a "sinister" motive to his transfer.




"Insist" on legal advice refund over flawed dismissal: FWC

The FWC has slammed a childcare centre for a "hopelessly flawed investigation" that led to a teacher being sacked over false allegations she mistreated a child, suggesting the owner should claim his money back for poor legal advice.



Sick chef's sacking "extraordinarily heartless"

A wholefood store that summarily dismissed a chef after a three-day absence for cancer treatment has failed to establish that he abandoned his employment, the FWC slamming its "extraordinarily heartless disregard".

Contrition over HR manager's silence needs more than words: FWC

In a penalty decision ordering the local arm of a global conglomerate to pay a further $20,000 to a supervisor unlawfully sacked by an HR manager within her probationary period, a court has cited the company's failure to find out more about the contravening conduct and whether it needed to minimise the risk of it reoccurring.

Patchy process did not deny sacked welder a fair go

An employer who failed to record a worker's serial misconduct, provide a written warning or give him an opportunity to respond nevertheless did not deny him a fair go when forcing him to resign following a brief lunch room meeting, the FWC has found.