Unfair dismissal/termination of employment page 29 of 132

1313 articles are classified in All Articles > Legal > Unfair dismissal/termination of employment


Protest that flouted public health orders justified sacking: FWC

The FWC has distinguished between "regular" industrial protests and those likely to attract "public outrage" during pandemic restrictions in finding a crane company entitled to sack an operator who attended a violent anti-vax rally outside CFMMEU offices in Melbourne.

"Extensive" domestic violence explained late claim: FWC

The FWC has provided a one-day extension of time to a worker who presented comprehensive evidence to support her argument that she ran late because she experienced "extensive" domestic violence that led to her being admitted to hospital.

Union to test key BHP OS precept

BHP's internal labour hire operation is facing a union challenge to a key element of its model, which holds that its workers are not attached to particular mine sites or regions and can have their jobs relocated anywhere on the east coast.

Dozing prison guard reinstated after "procedural muddle"

A prison guard who nodded off during shifts has won his job back after a tribunal found proper account had not been taken of his previously undiagnosed sleep apnea and that his dismissal was affected by a "procedural muddle" featuring two decision-makers reaching different conclusions.


CUB had right to resist reinstatement of on-hire worker: Full Court

A full Federal Court has dismissed an on-hire worker's bid to overturn a FWC ruling that it could not force a labour hire company to reinstate him to his former job at client CUB, upholding the tribunal's finding giving primacy to the host employer's right to determine who it allowed on its site.

Late application allowed after tardy HR advice

The FWC has extended time for a Victorian tram driver wrongly told he could use his employer's internal appeals process to challenge his sacking, with the advice not corrected by HR until a day after the tribunal's filing deadline.

Pfizer hold-out's abandoned case not unreasonable: FWC

The FWC has rejected a costs application against a worker who missed her employer's deadline to register for COVID-19 jabs because she was holding out for the Pfizer vaccine, at a time when its south-western Sydney location was subject to extra lockdown restrictions.

End of road for unvaxxed worker who relied on Dean dissent

A worker dismissed for failing to meet his employer's COVID-19 inoculation deadline has failed to win an extension of time for his day-late dismissal claim, after he rushed to lodge it in the wake of the landmark Kimber full bench ruling three days before the 21-day-limit.

Novavax-awaiting nurse refused extra time to contest sacking

A nurse sacked after seeking leave to wait for the Novavax vaccine to become available has failed to win an extension after mailing her unfair dismissal application just three days before the deadline, unlike another nurse who did not get vaccinated on time and sent her claim seven days before the cut-off.