Procedural fairness page 37 of 54

The FWC has highlighted the pitfalls for workers who opt to resign rather than risk reputational damage from being sacked, in a case in which it says it would have deemed any dismissal unfair.

An asylum seeker allegedly sacked after complaining about his pay for 91-hour weeks as a Woolworths trolley collector has been allowed to file a late adverse action claim, the FWC finding his application had "considerable merit".

In a case alerting labour hire companies to the dangers of carrying out dismissals at a client's behest, the FWC has opened the way for a casual labour hire mine worker to seek reinstatement after WorkPac took a directive to remove her as "a fait accompli".

A Federal government department acted reasonably in dismissing an employee who secretly recorded conversations with colleagues and required daily management from five different executives during an 18-month absence from work, the FWC has ruled.

The FWC has found that a firefighter's dishonesty in concealing a professional ban arising from indecent assaults was sufficient reason for his dismissal, even after rejecting the employer's own reasons as invalid.

A worker has failed to convince the FWC he had no choice but to resign because he believed an investigation into his alleged misconduct was a "sham".

The FWC has questioned the business model of a large restaurant employer that relied on mass sponsorship of overseas workers, finding it unfairly dismissed a 457-visa holder after issuing multiple "doomsday" emails to its workforce.

The FWC has criticised an employer for directing a worker to manage her relationship with a "predictably volatile" supervisor, finding she was unfairly dismissed in the wake of a "screaming match" and ordering her reinstatement.

A restaurant that required a chef to work more than 20 unpaid hours a week and summarily sacked him when he sought to pare it back and take leave was "blissfully unaware" of its award obligations, the FWC has found.

In an instructive case on managing conflicts of interest, the FWC has found a money management company had a valid reason to sack a budget specialist who failed to disclose his casino visit to stop a client and friend from blowing his inheritance, but an HR manager's actions rendered it harsh.