Unfair dismissal/termination of employment page 18 of 132

1315 articles are classified in All Articles > Legal > Unfair dismissal/termination of employment


FWC rejects "evil purpose" behind lawyer's role

A senior FWC member has declined to recuse himself from hearing a primary school teacher's unfair dismissal case after rejecting the suggestion that the Education Department's lawyer, formerly an intern at a regulatory body he briefly headed up, had been chosen "to achieve the evil purpose of influencing" his deliberations.


Worker sacked over coronavirus jab gets day in court

The FWC has found that a worker sacked by the Ubuntu Church for obtaining a COVID-19 vaccination is an employee, clearing the way for her to pursue an unfair dismissal claim.

FWC backs sacking of driver who failed to disclose stroke

A tram driver whose failure to disclose his stroke "strikes at the heart of the employment relationship" has failed to establish that his employer unfairly sacked him, despite one of the employer's doctors breaching confidentiality requirements to set the record straight.

Tribunal spikes questions about Woolies' vax consultations

The FWC has endorsed the consultation process Woolworths used before it rolled-out a group-wide COVID-19 vaccination policy, rejecting a "most unusual" unfair dismissal case in which a worker's social media sprays clashed with his claims that the company left him in the dark.

FWC has no stomach for lawyer's gastro excuse

A lawyer's failure to act with the "level of diligence and expertise required of a competent practitioner" caused a four-day delay in filing his client's unfair dismissal claim rather than the attack of gastroenteritis that ran through his family, the FWC has held.

FWC extends time for dismissal claim perceived as spam

The FWC has granted a worker an extension of time after its server "quarantined" his unfair dismissal claim email because of a "dangerous" attachment, but the Commission says that the issue will soon be remedied when it requires lodgement via an online form.

Calling unvaxxed worker's rep "Mr" no basis for recusal: FWC

A senior FWC member has refused to recuse himself for addressing a worker's representative as "mister" in an unfair dismissal case that argued an employer should have permitted an unvaccinated employee to keep working from home during COVID-19 restrictions instead of sacking her.

Tribunal's "colonial attitude" claim dismissed

A worker who claims FWC President Iain Ross admitted to having a problem with commissioners' "colonial attitude" has lost his Federal Court bid to sue the tribunal for racial discrimination.

Sacked lawyer's vax status not a private matter: FWC

The FWC has tossed out an unfair dismissal claim from a government lawyer responsible for overseeing safe workplaces, finding he fully understood the seriousness of "wilfully and persistently" refusing to confirm his COVID-19 vaccination status.