Unfair dismissal/termination of employment page 9 of 129

1289 articles are classified in All Articles > Legal > Unfair dismissal/termination of employment



"Cultural duty" doesn't displace employment obligations: FWC

The FWC has ordered a company to compensate a long-serving 72-year-old worker sacked via a text declaring it had made his position "an honorary role", after hearing its general manager felt he had a cultural duty to show respect for his elders and sought to soften the blow.


Manager "exploited" power imbalance with migrant employer: FWC

In a rare instance of the "power imbalance" between employer and employee being reversed, the FWC has found that a worker hired to help a migrant family earn a business visa by running a regional bakery unilaterally reduced his hours without cutting his pay.

Labour supplier failed in duty to accidental thief: FWC

The FWC has found that although a worker's accidental removal of tools from a mine site provided a valid reason, his sacking was unfair because his labour hire employer failed to investigate the incident and didn't give him proper notice, or the opportunity to respond.

Disability worker denied sporting chance over accreditation: FWC

A trainee disability therapist sacked for failing to complete the necessary accreditation has won compensation after the FWC found his employer gave him insufficient time to correct the situation following his "confrontational" response to being stood-down.

Swearing at colleague was s-xual harassment: FWC

The FWC has upheld the sacking of a worker for telling a colleague during an argument that "I'll f-ck you in the a-se", finding that the choice of words went "far beyond" simply swearing in the workplace and constituted s-xual harassment.


Casual to challenge sacking despite "no expectation" contract

In a close analysis of what constitutes regular and systematic employment, a senior FWC member has held that a casual trolley collector met the minimum service period to allow him to pursue Bunnings for unfair dismissal, despite "unpredictable" shifts and a contract expressly stating he should not expect ongoing work or guaranteed hours.

Pending decision scrapped after worker's death

In a case expanding the circumstances under which the FWC will not publish a finding, the tribunal has rejected union arguments that it should release its decision so as to potentially "clear the name" of a former BHP worker who committed suicide after hearings into his unfair dismissal claim were completed.