Procedural fairness page 2 of 53

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


Procedural fairness failures make harassment sacking unfair

A football club's "deficient" investigation and lack of procedural fairness rendered unfair its sacking of a worker for spreading "false and degrading s-xualised rumours" in the workplace, the FWC has found.

Wharfies unfairly sacked over vax refusal: FWC

The FWC has ordered compensation but declined to reinstate 24 DP World wharfies sacked in 2021 for refusing to be vaccinated against COVID-19, finding that although the dismissal process was bungled, the workers "significantly contributed" to the situation.

Wrong line: FWC roasts employer after cocaine sacking

The FWC has reinstated a Sydney Trains worker who used cocaine while on leave, after lambasting the employer for not making it clear that it tests for use rather than impairment and for failing to take on board earlier criticism of its drug and alcohol policy.

Sacked wharfie's explanation not blame-shifting: FWC

Qube Ports must reinstate a stevedore who pranged a client's $70,000 Mercedes after an operations manager mistook her explanations as an attempt to excuse her behaviour or shift the blame.

Suggestion of criminal behaviour "intimidatory": FWC

The FWC has castigated an employer for its "unconscionable" and "intimidatory" written notice suggesting that a casual duty manager committed theft and fraud when she failed to pay for a drink or offer an explanation for missing stock, while it has also lambasted its representative, Clubs NSW, for its "unprofessional" conduct in characterising her conduct as criminal.

FWC overturns summary sacking for "confidentiality" breach

The FWC has ordered a Gold Coast cabaret club to compensate two workers it sacked after intercepting private social media discussions about a colleague's pay, finding it treated them like they had broken into its equivalent of the Watergate complex to expose key secrets over WikiLeaks.

FWC upholds sacking for medical marijuana use

The FWC has upheld the sacking of a mineworker for failing to disclose his use of prescription medicinal cannabis on his days off, despite the fact he passed all drug tests and left a 32-hour buffer before the start of his working weeks.

FWC backs post-separation dismissal of director's wife

The FWC has upheld a business owner's on-the-spot sacking of his newly separated-wife when she refused to hand over an account password, finding their interpersonal conflict and her failure to follow directions trumped a flawed dismissal process.

"Deeply flawed" process after harassment claim: FWC

The FWC has ordered the reinstatement of a dump truck driver dismissed after a "deeply flawed" investigation into allegations he exposed a female trainee to explicit images while passing around his phone.

Worker taken into remand loses job in "fortuitously rare case": FWC

The FWC might refer a "regrettable, expensive and damaging episode" to the South Australian Correctional Services Department, after it failed to allow a worker on remand to contact his employer, and the employer dismissed him for failing to attend work.