Procedural fairness page 39 of 54

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


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.


Compensation for sacked officer blindsided by photos

A multinational company bungled what could otherwise have been a fairly straightforward dismissal of a detention officer who slept on the job, the FWC finding that "blindsiding" her with photographic evidence at the second of two meetings denied the otherwise exemplary employee procedural fairness.