Unfair dismissal/termination of employment page 49 of 132

1316 articles are classified in All Articles > Legal > Unfair dismissal/termination of employment


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.

Nokia makes right call on "abrasive" worker's dismissal

The FWC has endorsed an employer's exemplary performance improvement process in upholding the sacking of an "abrasive" 60-year-old technician whose messy office was said to resemble a boys' bedroom.

Compensation for manager "restructured" out of job

An employer that restructured a senior manager out of his job and did not consider him for a new role because its director considered him an underperformer must pay him almost $18,000, the FWC finding it was not a genuine redundancy.

FWC rejects "presumptuous" employer's bid to knock out claim

The FWC has slammed a "presumptuous" employer for taking up its time with a baseless late bid to have the tribunal throw out the unfair dismissal claim of a casual boxing trainer seeking compensation at the JobKeeper rate.

No adjournment for sacked worker juggling criminal appeal

The FWC has declined to adjourn an unfair dismissal case despite a former Victoria Police employee's concerns he is constrained after exercising his right to silence in a criminal case largely reliant on the same set of contested facts.