Procedural fairness page 9 of 53

526 articles are classified in All Articles > Termination of employment > Procedural fairness


Pilot reinstated after being "lumped" in with anti-vaxxers

In a decision reinstating a Regional Express pilot who missed a COVID-19 vaccination deadline, the FWC has expressed sympathy for the airline's "beleaguered HR staff", despite finding the sacking procedurally flawed.

Sacking of political staffer by email unfair: FWC

Former Labor Senator Kristina Keneally's decision to summarily sack a staffer via email without hearing from him after he confronted a Coalition MP with claims of coercive control unfairly denied him a chance to argue an "active bystander" defence, the FWC has held.

Bench upholds reinstatement of "breast-staring" Qantas trainer

A FWC full bench has thrown out a Qantas bid to overturn the reinstatement of a trainer accused of staring at a flight attendant's breasts and gazing into her eyes in a "distinguishably lewd" manner during a safety demonstration.

Sacking about choice, not employer jab "mandate": Tribunal

A FWC member has sought to emphasise that jabs are a matter of choice for employees, rather than a "mandate" imposed by employers, as a tide of COVID-19 vaccination-related unfair dismissal cases work their way through the tribunal.

"Stressful" negotiations no excuse for high dope reading: FWC

An office-based stevedore who said he smoked cannabis daily while on leave due in part to the stress of agreement negotiations and COVID-19 lockdowns has failed to establish he was unfairly sacked for "out of hours conduct" after testing positive to THC at work.


No "courtesy" extended to worker sacked after 33 years

The FWC has upheld an employer's entitlement to sack a depressed worker who could no longer perform his job after 33 years, but held it fluffed its lines by failing to extend him the "courtesy" of a chance to respond to its decision.