Unfair dismissal/termination of employment page 103 of 132

1314 articles are classified in All Articles > Legal > Unfair dismissal/termination of employment



Sacked employee on overseas assignments not labour hire: court

The FWC has rejected an employer's jurisdictional objections to hearing the dismissal appeal of an employee over the high-income cap who worked on overseas assignments, finding that while he fell outside the enterprise agreement he was covered by the industry award.

Retrenchments not genuine: FWC

The FWC has reinstated four workers after finding they were not "genuinely redundant" and that their employer took an "unduly hasty and largely tokenistic" approach to meeting its consultation and redeployment obligations.

Rail worker back onboard after sacking for fraud

The FWC has reinstated a Metro Trains Melbourne station officer after finding no justification for her sacking over fraudulent transactions on the Myki smartcard ticketing system.


Alcohol breach in "high risk" environment justified dismissal: FWC

The FWC has accepted an employer's argument that the "paramount" importance it placed on OHS justified its sacking of a long-serving employee with an "unblemished history" who recorded more than twice the workplace blood alcohol limit after drinking four glasses of red wine the previous evening.


"Extremely offensive" comments justified manager's dismissal

The FWC has rejected claims an Allianz manager was unfairly dismissed after threatening to touch a female colleague's vagina if she didn't stop talking during a taxi ride following a work social outing.

Employer failed to give HR officer chance to improve: FWC

The FWC has found the sacking of an HR officer for underperformance was an unfair fait accompli, determining that she was given inadequate opportunities to improve and insufficient notice that her job was in peril.

Dismissal for explicit Facebook post valid but harsh

The FWC has found it was harsh to dismiss a nurse who tagged two colleagues to a s-xually explicit Facebook video and said they were "slamming" each other, set-up a mock masturbation scene on a workmate's desk and referred to a senior manager in crude derogatory terms.