Procedural fairness page 38 of 54

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


Lack of HR expertise didn't excuse "shoddy" dismissal

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.

HR manager's "predetermined view" made sacking harsh: FWC

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.

Breeder's dismissal process "gone to the dogs": FWC

The FWC has described a kennel hand's dismissal as so unfair "even the dogs in the street know" it, putting the labradoodle breeders on notice to take better care of their puppies than they do of the humans they employ.

Manhattan cocktails sufficient reason for Qantas sacking

The FWC has confirmed the right of employers in safety-critical industries to dismiss workers whose out-of-hours conduct impairs the safe performance of their duties, in the case of a flight attendant who called in sick during a layover after being hospitalised with a blood-alcohol reading of .205.

I shouldn't have read damning material: IR Commissioner

A state IR commissioner has recused himself from hearing a high-profile adverse action case after admitting he shouldn't have perused material from the state's anti-corruption body that contradicted other evidence, before he considered admitting it.

Bench applies brake to bike mechanic's sacking

In a decision confirming that employers must "expressly" advise workers when their job is at risk and provide them enough time to demonstrate improvement, an FWC full bench has quashed a finding that a bike shop complied with the Small Business Unfair Dismissal Code when sacking one of its mechanics.

FWC upholds dismissal of HR manager

An HR manager who engaged in a "concerted campaign" against her employer's interests, openly compiling a dossier about it and exceeding her authority by initiating a colleague's redundancy, has failed to win back her job.


Vulgar worker sacked in "hopeless manner"

The FWC on rehearing a yard hand's dismissal application has observed his employer's lack of HR expertise did not wash as an excuse for the "disgraceful and grossly unfair" sacking, but slashed compensation due to his vulgar language and propensity to snap when frustrated.

Ending temporary government worker's shifts was dismissal: FWC

In a significant decision affecting those in temporary government roles, the FWC has found a Federal department failed to recognise it was dismissing a "non-ongoing" employee when it informed him that repeated instances of disrespectful behaviour meant he would not be offered further work.