Unfair dismissal/termination of employment page 67 of 131

The addition of 'human resources' to an acting health and safety advisor's job title has helped persuade the FWC that a council can rely on its own employees rather than external legal representation to defend an unfair dismissal case.

A casual worker has won a second chance to contest his dismissal after a full FWC bench found a tribunal member did not treat him justly when failing to conduct a hearing or conference to consider disputed facts.

The FWC has upheld the dismissal of an armoured vehicle operator who admitted that he might not have persevered with his case had his employer granted earlier access to "quite damning" CCTV footage

The FWC has upheld Great Southern Rail's sacking of a hospitality worker for serious misconduct, finding he threatened two managers with repeated outbursts of verbal abuse that left them feeling "shaken and unsafe".

Sharing "confidential" files with another legal practice was not reason enough to summarily dismiss a lawyer, the FWC has found.

An FWC full bench has thrown out a $40,000 compensation order made against an employer found to have unfairly dismissed a worker, ruling that a senior member erred in failing to categorise it as a small business.

The FWC has upheld a global mining service provider's sacking of an OHS advisor who flouted vehicle journey safety policies and "fell well short" of his employer's expectations.

The FWC has declined to reinstate a worker found to have been unfairly sacked for refusing to participate in fingerprint scanning, partly because he wanted to "continue to agitate" his concerns about the issue, while it has also warned him against any further "contemptuous" and "rude" conduct towards tribunal members.

A Canadian company must pay party-party costs after failing to seek advice from Australian employment law experts in contesting a former Sydney-based project manager's unfair dismissal claim, its chief executive instead rejecting a settlement offer as "parasitic and disgusting".

A TAFE must reinstate a teacher it sacked after he named a prominent local farmer in a lecture about the effects of chemical sprays, the FWC finding that relating a "factual" 20-year-old anecdote did not amount to misconduct.