Unfair dismissal/termination of employment page 45 of 131

1305 articles are classified in All Articles > Legal > Unfair dismissal/termination of employment


Teacher accused of grooming loses "working with children" permit

A tribunal has upheld the revocation of a high school teacher's working with children authorisation after finding that while accusations and behaviours consistent with grooming had not been conclusively established, he continued to put himself in compromising situations.

Big employer fell short of its investigation standards: FWC

An ASX-listed company failed to meet its own standards for investigating alleged misconduct when it neglected to interview two key witnesses and relied upon a manager's inaccurate account of a worker's response to accusations, the FWC has found.

Employer's "tin ear" over remote worker's COVID-19 pressures

In a decision highlighting the challenges of managing remote workers during a pandemic, the FWC has awarded compensation to a salesperson dismissed after a director took exception to her attitude during a teleconference and drew negative conclusions about her productivity after scrutinising her Instagram posts.

Legal representation denied despite "difficulties" for HR manager

The FWC has found that allowing a large employer to be legally represented would be "manifestly unfair", rejecting its argument that excessive complexity would arise from its HR manager having to conduct the case and act as a witness.

Tribunal reverses safety sacking

The FWC has ordered the reinstatement of a mine under-manager with an impeccable 40-year work record but docked $55,000 from his pay for misconduct that resulted in a colleague straining his leg.

FWC accepts stressed WFH paralegal responsible for delay

The FWC has extended time for an employee sacked for allegedly persistently flouting a COVID-19 OHS plan, after it accepted her law firm's explanation that the stresses of working from home hampered the mental health of the paralegal responsible for lodging her claim.

Judge carpets "intransigent" federal agency

The Federal Circuit Court has criticised the Federal Department of Agriculture for taking a "belligerent", "intransigent course" in resisting an extension of time and seeking costs against a former employee despite her lawyers accepting full responsibility.

Bonus smokes supervisor's dismissal claim

A marijuana-smoking supervisor who allegedly resigned after declining a drug test has had his unfair dismissal claim thrown out because a "project uplift" allowance of at least 25% counted as earnings that pushed him beyond the high-income threshold.

"If only her solicitor had been as diligent": Bench

An FWC bench has on the basis of representative error allowed a late unfair dismissal application after noting how thoroughly the employee pursued her claim, remarking "if only her solicitor had been as diligent".

'Time fraud' sacking upheld despite employer being "asleep at the wheel"

The FWC has upheld the dismissal of a patrolling council worker accused of "time fraud", despite finding that her supervisor was "asleep at the wheel" in overlooking GPS data revealing that she regularly started late and visited her partner's home during work hours.