Procedural fairness page 23 of 53

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


Hitler parody worker wins $201K compensation, loses promotion

While ordering BP to pay more than $200,000 compensation to a reinstated worker who made a Hitler parody video of its protracted bargaining with oil refinery workers, an FWC full bench has allowed it to reduce his bonus and revoke a promotion.


Reinstatement after racist message due to "inexplicable" HR failings

The Reserve Bank must reinstate a senior network engineer who accidentally posted to a WhatsApp workplace group a racist message meant for his wife, the FWC finding its procedural failings despite HR expertise to be "simply inexplicable".

Profanities and "bloodshed everywhere" warning justified sacking

The FWC has upheld the sacking of a truck salesperson whose loud swearing was overheard by customers while already on a final warning for saying there would be "bloodshed everywhere" if his employer did not resolve his issues.

Employer's direction to 70-year-old childcare worker "callous": FWC

A 70-year-old childcare worker has been reinstated after a finding that she was forced to resign in the face of her the employer's "callous" direction to relocate to a distant workplace and accept a role change that involved changing nappies.

FWC rejects claim sacked manager in pursuit of sore horse

Rejecting an employer's extraordinary claim that a farm manager resigned "out of spite" so she could use her FWC challenge to blackmail it into giving her a horse, the tribunal has held it unfairly dismissed her by forcing her out.


Failure to consult denied worker JobKeeper: FWC

An employer that made a worker redundant just days before the unveiling of JobKeeper must pay the remaining sum she would have gained as a recipient, after the FWC found a proper consultation process would have resulted in her getting it.