Unfair dismissal/termination of employment page 44 of 131

1308 articles are classified in All Articles > Legal > Unfair dismissal/termination of employment


Tribunal head vents over member's "imprecise" decision

A tribunal head has taken the unusual step of critiquing a member's "imprecise" decision that required an appeal bench to review evidence to identify the reasoning behind his findings.

Anti-vax worker might have refused lawful direction: FWC

A senior FWC member has found it arguable a childcare worker unreasonably refused a lawful direction when she declined a mandatory flu vaccination, in a decision rejecting her bid for a one-day extension of time for her unfair dismissal claim.

Employer had no obligation to consult with uncovered worker: FWC

In a decision underlining the perils faced by workers who are not covered by awards or enterprise agreements, the FWC has found an employer had no statutory obligation to consult an employee about its plans to make him redundant.

Estate agency sacked stellar seller after JobKeeper agitation

The FWC has ordered compensation for an award-winning Ray White real estate salesperson sacked after "stirring the pot" over plans to pass on only a proportion of JobKeeper payments to commission-based employees.

Casuals' hours need not be predictable to be regular: Bench

An FWC full bench has emphasised that the pattern of a casual's hours need not be consistent or predictable for their work to be regular and systematic, clearing the way for a full-time worker first engaged as a casual to file an unfair dismissal claim.



Delegates' fracas had tenuous workplace connection: FWC

The FWC has ordered Toll Transport to reinstate one of two TWU delegates who fought each other after a union meeting, finding their punch-up over yard deals while on paid delegates leave did not have a sufficient connection to their work.


HR manager allegedly threatened to "eliminate" worker

A small employer must pay a former casual employee almost $15,000 after claims its HR manager threatened to "eliminate" her if she did not work extra unpaid hours to make up for JobKeeper payments received while she was sick.