Misconduct page 14 of 60

592 articles are classified in All Articles > Termination of employment > Misconduct


Tribunal raises the bar in out-of-hours conduct ruling

The FWC has taken Westpac to task for staging a networking soirée in a sports bar with free alcohol and found it appeared to cloud the judgement of a senior manager who touched a junior colleague's buttocks, but has nevertheless upheld his "catastrophic" sacking.


Bench backs "unorthodox" approach to harsh sacking

In a significant ruling on dismissals deemed harsh by the FWC, a full bench has endorsed the "unorthodox" approach taken by a member who ordered the reinstatement of a forklift driver who breached an employer's "no mobile phones" policy.

No costs against law firm accused of having "heads in sand"

A large employer has failed to win costs against a law firm it accused of burying "their heads in the sand" over the integrity of a client whose claims of mistakenly altering the expiry date on a key qualification fell apart under scrutiny by the FWC.

Protest that flouted public health orders justified sacking: FWC

The FWC has distinguished between "regular" industrial protests and those likely to attract "public outrage" during pandemic restrictions in finding a crane company entitled to sack an operator who attended a violent anti-vax rally outside CFMMEU offices in Melbourne.

Dozing prison guard reinstated after "procedural muddle"

A prison guard who nodded off during shifts has won his job back after a tribunal found proper account had not been taken of his previously undiagnosed sleep apnea and that his dismissal was affected by a "procedural muddle" featuring two decision-makers reaching different conclusions.

Manager's "gumby" slur helps seal costs award

The FWC has ordered costs against a worker held to have called a colleague "Gumby", "Dumbo" and "Homer" while on a "connived power trip", finding he could have achieved his bid to clear his name by accepting a generous settlement offer.

Intellectual property concerns warranted sacking: FWC

The FWC has upheld a government-funded organisation's summary sacking of a support officer who claimed ownership of a program's intellectual property while planning with a team of consultants to take it outside.

Bank, union square off over alleged "pay secrecy" sacking

The FSU and the Commonwealth Bank are set to square off next month over accusations the bank sacked a worker for discussing his pay less than a month after chief executive Matt Comyn told a parliamentary committee the CBA does not enforce salary secrecy clauses.

FWC's reasons for upholding sacking to remain a mystery

The FWC has upheld the sacking of a Westpac manager who only learned of the reason for her summary dismissal after the tribunal issued confidentiality orders restricting its own ability to publish details of the case.