Unfair dismissal/termination of employment page 51 of 132

1313 articles are classified in All Articles > Legal > Unfair dismissal/termination of employment


Wife's sacking ultimatum not a genuine retrenchment

A business operator forced to choose between retaining an employee or maintaining his relationship with his wife must pay six months lost remuneration after failing to convince the FWC that dismissing his national sales manager was a case of genuine redundancy.

Profanities and "bloodshed everywhere" warning justified sacking

The FWC has upheld the sacking of a truck salesperson whose loud swearing was overheard by customers while already on a final warning for saying there would be "bloodshed everywhere" if his employer did not resolve his issues.

Employer's direction to 70-year-old childcare worker "callous": FWC

A 70-year-old childcare worker has been reinstated after a finding that she was forced to resign in the face of her the employer's "callous" direction to relocate to a distant workplace and accept a role change that involved changing nappies.

FWC rejects claim sacked manager in pursuit of sore horse

Rejecting an employer's extraordinary claim that a farm manager resigned "out of spite" so she could use her FWC challenge to blackmail it into giving her a horse, the tribunal has held it unfairly dismissed her by forcing her out.


Failure to consult denied worker JobKeeper: FWC

An employer that made a worker redundant just days before the unveiling of JobKeeper must pay the remaining sum she would have gained as a recipient, after the FWC found a proper consultation process would have resulted in her getting it.


Law firm to split indemnity costs after "extraordinary" failure

Lambasting a law firm's "extraordinary" failure to give an unfair dismissal applicant an assessment of his prospects of success, the FWC has found them equally liable to pay employer Prosegur more than $9000 in indemnity costs.


"Manipulation" risk in reversing virus pay cut: FWC

An employer that cut a manager's wages by 15% due to COVID-19, but then restored her old rate when it made her redundant, has failed to establish that her pay exceeded the high-income threshold because to do otherwise would allow "manipulation" to deny her the chance to challenge her dismissal.