Unfair dismissal/termination of employment page 53 of 130

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



FWC permits dismissal claim against deregistered company

After confirming a company's deregistration is no barrier to determining an unfair dismissal claim, the FWC has found the sacking complied with the small business dismissal code but has referred "questionable practices" to the ATO and Home Affairs.

Lawyer's admission fails to win extension for worker

In a significant decision considering representative error, a solicitor has failed to convince the FWC that his miscalculations in filing a late unfair dismissal application justified an extension, after the worker waited 15 days to confirm she wanted to proceed.

"Inappropriate" Salvos worker fails to win time extension

A Salvation Army recruitment agency worker accused of threatening to break colleagues' fingers if they adjusted the air conditioning has failed to convince the FWC that her stress disorder and a delayed dismissal letter justified an extension of time.

Members should hold unions to same standards as lawyers: FWC

Members who pursue unfair dismissal applications through their union should expect the same expertise and professionalism as would be provided by a lawyer, the FWC has found in granting an extension of time due to representative error.


SDA failed to act in sacked member's best interests: FWC

The FWC has today upbraided the SDA for its poor management of a conflict of interest at failed retailer Harris Scarfe, when the union's national executive decided to delay filing a member's unfair dismissal claim to avoid jeopardising the company's sale and preserve 1200 jobs.

Bad rap for "cowboy" boss HR couldn't corral

An HR manager unable to influence the "cowboy behaviour" of her employer has helped the FWC establish that he falsified an email to paint as a redundancy his sacking of a manager who complained about his brother.

FWC extends time after late emergence of evidence

A worker has who discovered evidence, two weeks after the deadline for lodging an unfair dismissal claim, that her redundancy might not be genuine, has won an extension of time.

HR manager's post-merger redundancy genuine: FWC

An HR manager has failed to convince the FWC that a newly-merged company didn't genuinely scrap his role, while his refusal to move from his home town cruelled any redeployment opportunities.