Unfair dismissal/termination of employment page 123 of 131

1308 articles are classified in All Articles > Legal > Unfair dismissal/termination of employment



FWC "less than impressed" by employer's law firm

A senior FWC member has found that "extraordinary" circumstances justified the tribunal accepting a sacked employee's late unfair dismissal claim, while urging the employer to settle to avoid "further criticism and embarrassment for its conduct" and panning its law firm's role in the case.


Bench upholds orders for Glencore Xstrata to produce documents

A Fair Work Commission full bench has rejected Glencore Xstrata's challenge to orders requiring the company to provide the tribunal with documents relating to its staffing decisions last year at its Collinsville open cut coal mine.

Sacking over "golden rule" breach exposes site's safety flaws

A company that dismissed a rigger for working unsafely at height and then allegedly ignoring a supervisor’s instruction to work differently has been ordered to pay him $9000 compensation, after failing to prove he received sufficiently clear directions.

Worker "misled" by two HR managers wins extension of time

The Fair Work Commission has granted a Coles store manager an extension of time to file his unfair dismissal claim after finding that he was misled into believing that the supermarket giant was investigating the termination of his employment.

Full court backs zero tolerance drug sacking

Employers are likely to rely more heavily on zero tolerance drug and alcohol policies to discipline or dismiss employees, even when there is no evidence of impairment, after an important full Federal Court ruling yesterday.

Reinstatement must be unconditional: Full bench

In its first full bench examination of the Fair Work Act's reinstatement provisions, the FWC has ruled it has no power to attach conditions to orders returning dismissed workers to their jobs.

Prisoner unable to perform his job: Full bench

In a decision that considers the relevance to his employment of a public servant's conduct outside working hours, a Fair Work Commission full bench has ruled that the ATO had a valid reason to dismiss him because his incarceration meant he couldn't carry out his role.

Full bench overturns "clearly inadequate" compensation

A senior Fair Work Commission full bench has ruled that when assessing compensation in an unfair dismissal case, the tribunal needs "cogent evidence" to find that an employee would have been summarily sacked within a short period if the original termination of employment had not occurred.