Procedural fairness page 39 of 54

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


Teacher sacked over allergy "breach" gets job back

In a case in which classroom allergy management has intersected with IR laws, the FWC has reinstated an infants teacher summarily dismissed for allegedly breaching her duty of care when she gave an "unsafe" chocolate to a pupil, after checking its ingredients.

Tribunal overturns sacking of elderly fixed-term contract worker

The ripples from a recent decision upsetting the authority on outer limits contract workers pursuing unfair dismissal claims have reached another jurisdiction, with the WA IR Commission ordering the reinstatement of a septuagenarian school traffic warden who had been "taken advantage" of by the employer.

#MeToo parallel as racial slur sacking upheld

The FWC has praised Australia Post subsidiary Startrack Express for its flawless process in dismissing an employee who "crossed a line" from tolerable crudity to unacceptable racism in his remarks to colleagues.

"Intentional" CV errors justified dismissal

Dismissing an employee for providing false and misleading information during the recruitment process was not unfair, despite procedural failings by his employer, a tribunal has ruled.

Duty of care didn't include foreseeing attack: FWC

The FWC has rejected a dismissed employee's contention that a company's duty of care extended to anticipating that he would act in a violent and threatening manner towards a co-worker.


FWC upholds sacking after family violence

The FWC has found "justified, proportionate and fair" the summary sacking of a health worker whose duties included running a men's group that addressed issues including domestic violence, after police arrested and charged him with assaulting his partner.


Guard "ambushed" over misconduct claims: FWC

A large employer's failure to tell an employee what claims were being investigated before conducting a recorded interview was among a number of flaws identified by the FWC in a procedurally "infected" dismissal.