Procedural fairness page 18 of 53

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


Workers' comp "joke" no basis for sacking: Tribunal

The FWC has lambasted an employer over the "unconscionable" sacking of a casual who said he was just joking about making a workers' compensation claim after a COVID-19 related standdown, ordering compensation equal to 24 weeks of JobKeeper.

Member lacked power to pull rug on dismissal case: Bench

A presidential member denied an unfair dismissal applicant a fair hearing when he threw out his case for want of prosecution without a formal request from the employer, a FWC full bench has ruled.

Misconduct sacking bins $70,000 sick leave payout

A veteran garbo has lost his right to a $70,000 accrued personal leave payout after the NSW IRC upheld his sacking for riding on the back of a garbage truck, finding he held a cavalier attitude and lacked insight, despite expressions of regret.

Worker "put the knife" into HR manager: Tribunal

The FWC has rejected a long-serving worker's portrayal of herself as a "victim" of powerful HR forces, finding her displeasure at being asked to account for money raised for a deceased colleague's family led her into serious misconduct.

FWC backs BHP contractor's sacking over unreported head "bang"

The FWC has reinforced the importance of following safety guidelines to the letter in upholding the dismissal of a scaffolder whose sore hands proved to be the result of hepatitis rather than a head "bang" he took more than a week to report.


Worker should have raised concerns with HR, investigator: FWC

In throwing out a constructive dismissal claim, the FWC has rejected a former Westpac employee's allegation that a "complicit" bank executive undermined the legitimacy of an investigation that exposed "kickbacks" she received for referring customers to an external broker.


Tribunal finds fault with major builder's HR processes

The FWC has upbraided construction company Hansen Yuncken for its "callous" and unfair sacking of a "naïve" trainee who nonetheless provided it with a valid reason by insisting on indefinite unpaid leave to avoid lengthy public transport commutes during COVID-19.

Senior member fell into logic gap: FWC bench

An FWC full bench has found that a presidential member "Illogically" followed his ruling that a worker might not have been dismissed if fairly treated by calculating he would have worked just three more weeks if afforded due process.