Misconduct page 23 of 60

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


'Time fraud' sacking upheld despite employer being "asleep at the wheel"

The FWC has upheld the dismissal of a patrolling council worker accused of "time fraud", despite finding that her supervisor was "asleep at the wheel" in overlooking GPS data revealing that she regularly started late and visited her partner's home during work hours.

Unfairly sacked visa holder duped English testers

A restaurant unfairly dismissed a 457-visaholder cook who had an imposter sit his English competency test and secretly recorded conversations after reporting it for alleged exploitation, the FWC has held.

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.

Retailer says sacked GM refused COVID-19 test

Noni B has hit back at claims it unlawfully failed to provide notice and accrued leave entitlements when it retrospectively sacked the general manager of Rockmans, accusing him of misconduct, cover-ups and refusing to undergo testing for COVID-19.

Tribunal backs sacking of worker who text-harassed HR manager

The FWC has upheld the dismissal of a council worker on a "destructive path", following a day that started with him refusing to wear safety boots and ended with him almost hitting a team leader with his truck and harassing a HR manager.

Missing dismissal email an "unexplained vagary of cyberspace": FWC

The FWC has reinforced the importance of dismissals being communicated face to face after finding that a worker's claim she never received an emailed termination letter had to be put down to an "unexplained vagary of cyberspace".

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.