Procedural fairness page 45 of 55

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


Teacher acquitted of indecent assault wins job back

A Catholic school teacher sacked after being charged with indecent assault, of which he was later acquitted, has been reinstated after the FWC rejected the Sydney Archdiocese's argument that his automatic loss of clearance to work with children frustrated his employment.


40+ employees "warrants" two HR roles, says FWC

An FWC member has observed that a business with more than 40 employees "is large enough to warrant a HR manager and a HR officer" in a case where an employer sought leave to challenge its own HR manager's recollection of events.

Legal centre manager reinstated after "capricious" ouster campaign

The long-serving 65-year-old manager of one of the country's largest non-profit community legal centres has won her job back, with a 20% pay hike, after the FWC found the organisation's management committee deliberately designed a restructuring process to scuttle her candidacy.

Multinationals' labour hire switch exposes "deficient" redeployment process

The FWC has identified "deficiencies" in management of redundancies by a mining services company that replaced its employee relief pool with on-hire workers, counselling that it should have given greater consideration to quarantining some positions for redeployees.

Dentist's adverse action claim a bridge too far: Court

The Federal Court has rejected claims an employer took adverse action against a dentist it threatened to sack for writing "pugnacious" emails, redirecting mail and refusing to attend disciplinary meetings, ruling that the last two actions amounted to him repudiating his employment contract.

Prison officer wins job back despite letting one slip

The NSWIRC has reinstated a corrections officer whose "complacency" led to a high-risk prisoner escaping out a bathroom window, rejecting the employer's contention it no longer felt confident the experienced officer could do his job.

Religious law has ultimate power in employment contract: Court

A Supreme Court has reaffirmed the force of religious laws within employment contracts, restraining administrators at a cash-strapped Sydney synagogue from dismissing a rabbi after finding that his engagement conferred lifetime tenure under Orthodox Jewish law.

Reduction in rostered shifts adds-up to dismissal: Tribunal

An employer that took away most of a pregnant cashier's rostered shifts after $300 in shortfalls has been ordered to compensate her after the FWC ruled that the resultant 75% reduction in her pay amounted to a repudiation of her employment contract.