Unfair dismissal/termination of employment page 13 of 95

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

Academic fairly sacked after indulging in "game of semantics"

Upholding the dismissal of an academic who deliberately stymied all attempts to establish her fitness to return to work, the FWC has found she treated the process like a "game of semantics" through which she could wear her employer down.

Member "misapplied" safety procedure in reinstating worker: Bench

BlueScope Steel has for the second time in a year succeeded in challenging the reinstatement of a worker dismissed for a critical safety breach, an FWC full bench resoundingly rejecting a tribunal member's characterisation of the incident as "minor".

Pastor told to "repent" free to pursue unfair dismissal claim

A church has failed to persuade the FWC that a pastor was not an employee when he was given an ultimatum to "repent" or be "released" from his role, the tribunal finding that his regular salary and leave payments for full-time hours indicated the existence of a legal relationship.

"Incompetent" HR manager bungled sacking: FWC

An "incompetent" HR manager's bungled sacking of a retail worker has contributed to an FWC finding that it was unfair, despite the employee's secret recordings of disciplinary meetings providing a valid reason.

FWC issues warning to performance-managed workers

In rejecting the unfair dismissal claim of a childcare worker who said she resigned because of bullying, a senior FWC member has observed it is "unfortunately easy" to respond to performance management with counter-allegations.

Case proceeds despite worker's "repeated" no-shows

In a decision illustrating how much latitude the FWC is prepared to give unrepresented applicants, an employer has failed to have a former worker's unfair dismissal claim binned despite his "repeated failures" to attend conferences.

Hitler parody worker wins $201K compensation, loses promotion

While ordering BP to pay more than $200,000 compensation to a reinstated worker who made a Hitler parody video of its protracted bargaining with oil refinery workers, an FWC full bench has allowed it to reduce his bonus and revoke a promotion.