Procedural fairness page 21 of 53

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


$1000 payout for worker denied JobKeeper

An employee potentially denied JobKeeper payments when his employer failed to consult him before making him redundant has won just $1000 compensation.

FWC rejects believer's bid to revive dead claim

A HR manager whose Christian faith led to him withdrawing an unfair dismissal claim after belatedly accepting he had been genuinely made redundant due to a coronavirus-related downturn has failed to win more time for a second application lodged upon learning new personnel had apparently filled his former role.

Tirade against manager no justification for sacking by email

The FWC has reminded employers that when it comes to dismissals, even "difficult" workers are entitled to natural justice, awarding compensation to an employee summarily sacked by email after repeatedly abusing his manager.

Union botched employee's pandemic-related redundancy: FWC

The FWC has taken the TWU to task for botching the redundancy of a long serving Victorian/Tasmanian industrial administrator, sacked on the spot to cut costs in the early days of the coronavirus pandemic.

FWC extends time after "true hardship"

A senior FWC member has extended time for an unfair dismissal claim for a retail worker dealing with domestic violence, illness, homelessness and a lack of funds, acknowledging her "true hardship, genuine struggle the likes of which I do not often see".

FWC backs BHP's expulsion of defecating worker

The FWC has upheld BHP's sacking of a mineworker who twice defecated in an active drill hole, despite finding it unavoidable on one occasion due to his urgent and explosive diarrhoea.

Bench partially upholds disbarred lawyer's appeal

An FWC full bench has held that it is not empowered to rule on a disbarred lawyer's claim that a senior member is unfit to hold office, but has remitted his unfair dismissal case to another member after finding he was denied procedural fairness.


Insistent on-hire worker reasonably refused Coles shifts: FWC

The FWC has rejected an on-hire warehouse worker's unfair dismissal case after weighing evidence that he hectored his supervisors so much about returning after an accident that he was put on client Coles' "do not hire" list.

Prison officer's "takedown" not excessive: Bench

A prison officer has successfully challenged a finding that he was fairly dismissed for using excessive force on a prisoner with a psychiatric illness, an FWC full bench holding that Victoria's Department of Justice lacked a valid reason.