Unfair dismissal/termination of employment page 5 of 95

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

Consultation required before coronavirus layoff: FWC

A Melbourne hotel that claimed an inability to engage in face-to-face discussions before making a chef redundant during the city's second COVID-19 lockdown must compensate her for unfair dismissal, after falling foul of award consultation obligations.

Worker should have raised concerns with HR, investigator: FWC

In throwing out a constructive dismissal claim, the FWC has rejected a former Westpac employee's allegation that a "complicit" bank executive undermined the legitimacy of an investigation that exposed "kickbacks" she received for referring customers to an external broker.

FWC lacks power to reinstate unwanted on-hire worker: Bench

In a significant decision on FWC powers, a full bench has found the tribunal could not force a labour hire company to reinstate a worker to his former job at client Carlton United Breweries, given the beer giant was contractually entitled to order his removal.

Tribunal finds fault with major builder's HR processes

The FWC has upbraided construction company Hansen Yuncken for its "callous" and unfair sacking of a "naïve" trainee who nonetheless provided it with a valid reason by insisting on indefinite unpaid leave to avoid lengthy public transport commutes during COVID-19.

Umpire endorses sacking of casual JobKeeper recipient

The FWC has upheld the dismissal of a casual on-hire food and beverage attendant who did not accept any shifts while receiving JobKeeper payments that significantly increased his income, noting he lacked an incentive to work.

Senior member fell into logic gap: FWC bench

An FWC full bench has found that a presidential member "Illogically" followed his ruling that a worker might not have been dismissed if fairly treated by calculating he would have worked just three more weeks if afforded due process.

Uninformed applicant helps employer win representation

The FWC has over the objections of a self-represented applicant granted ANZ legal representation in an unfair dismissal case, in part because of the former employee's "rudimentary" understanding as to how her case will proceed.