Unfair dismissal/termination of employment page 47 of 130

1300 articles are classified in All Articles > Legal > Unfair dismissal/termination of employment


Senior tribunal member tiptoes through JobKeeper minefield

The FWC has refused to express a view on whether an NRMA-owned cruise operator should be able to withhold JobKeeper payments for a fortnight in which it provided more than $1500 in back pay due under a newly-approved deal.


Manager booted after complaints: Tribunal

The failure of a council's retired acting chief executive to give evidence about his reasons for sacking a pool duty manager who kept refusing to follow instructions has led to a finding it dismissed him because of his safety complaints.

Prison officer's "takedown" not excessive: Bench

A prison officer has successfully challenged a finding that he was fairly dismissed for using excessive force on a prisoner with a psychiatric illness, an FWC full bench holding that Victoria's Department of Justice lacked a valid reason.

Costs a matter of interpretation: Court

A labour hire company has failed to win costs against an unrepresented worker who pursued his unfair dismissal claim through four adverse findings in the FWC and Federal Court, a judge ruling that the employer didn't help its cause by declining to provide an interpreter and by filing confusing and irrelevant material.

Multiple misconduct incidents justify dismissal: FWC

A bus driver who replied to a customer complaint by writing "f--k off I know nothing" on his employer's response form did not commit serious misconduct justifying instant dismissal, but his hampering of other employees performing business-critical tasks warranted his sacking, the FWC has found.

Worker seeking to maintain JobKeeper cleared to challenge sacking

A casual waitress who filed an unfair sacking claim almost 50 days after her employer sent her a dismissal letter and removed her from JobKeeper does not need an extension as she was unaware of the development, the FWC has held.



Worker's post-dismissal mental state warrants extension: FWC

The FWC has granted a 55-day extension for a legally blind worker to challenge his sacking over a Facebook exchange after considering its effect on his mental state and his steps to obtain the assistance of disability and law advocates.