Procedural fairness page 22 of 54

533 articles are classified in All Articles > Termination of employment > 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.

Costs a matter of interpretation: Court

A labour hire company has failed to win costs against an unrepresented worker who pursued his unfair dismissal claim through four adverse findings in the FWC and Federal Court, a judge ruling that the employer didn't help its cause by declining to provide an interpreter and by filing confusing and irrelevant material.

Multiple misconduct incidents justify dismissal: FWC

A bus driver who replied to a customer complaint by writing "f--k off I know nothing" on his employer's response form did not commit serious misconduct justifying instant dismissal, but his hampering of other employees performing business-critical tasks warranted his sacking, the FWC has found.



We're not responsible for HR consultant's errors: Company

A marine services company has failed to convince the FWC that it would be unfair to hold it accountable for the errors of an HR consultant by making it pay redundancy entitlements to a manager it offered to redeploy after a business transfer.

Nokia makes right call on "abrasive" worker's dismissal

The FWC has endorsed an employer's exemplary performance improvement process in upholding the sacking of an "abrasive" 60-year-old technician whose messy office was said to resemble a boys' bedroom.

Compensation for manager "restructured" out of job

An employer that restructured a senior manager out of his job and did not consider him for a new role because its director considered him an underperformer must pay him almost $18,000, the FWC finding it was not a genuine redundancy.