Unfair dismissal/termination of employment page 39 of 132

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


Late appeal rejected despite guard's "saving community" claim

A detention centre guard who tackled an escaping detainee has failed to win permission to appeal his sacking, a FWC bench rejecting his claim that it was in the public interest because he'd saved the community "from a disastrous 'what may have been'".

Breakfast giant wins right to use external lawyer

The FWC will allow multinational cereal giant Sanitarium to lawyer-up to defend two unfair dismissal claims, noting it is "stressful enough" for an HR manager to be a witness without also representing the company, while its membership of an employer group is irrelevant.

Partner's "thuggish" texts didn't warrant sacking: FWC

A barrage of "thuggish" texts sent by the partner of a worker alleging harassment and bullying did not justify her dismissal, the FWC has found, describing the employer's attempt to vacuum-seal its investigation of her claims as both unreasonable and unrealistic.



HR process undermined "very strong" sacking case: FWC

A mining company must reinstate a summarily sacked coal mine worker and reimburse six months' lost income after its hasty and "inadequate" HR disciplinary process "effectively turned a very strong case with a valid reason to one with little or no procedural fairness".

FWC upholds sacking of worker for punch after Yakuza claims

The FWC has upheld the dismissal of a student visa holder who punched a co-worker in the face after accusing him of saying "a lot of bad things" about a colleague she claimed was regularly being sexually assaulted by local Japanese gangsters.

Nonsensical to sack pregnant worker on JobKeeper: FWC

A non-profit sporting club has been ordered to pay $9750 compensation to a fitness instructor sacked while on JobKeeper after declining shifts because of the suspension of the club's child-minding facilities due to COVID-19.


FWC bench within rights to halt reinstatement: Full court

A 64-year-old BlueScope worker sacked for mishandling a 13-tonne coil has failed to win his job back, after a full Federal Court majority found a FWC bench did not go beyond its powers to halt his reinstatement.