Procedural fairness page 9 of 53

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


$33K for wrongly-sacked COVID-19 mandate objector

A mining equipment manufacturer that admitted to wrongly sacking a warehouse worker for failing to comply with a government COVID-19 vaccine mandate that did not apply to her must pay more than $33,000 compensation, after the FWC slashed her payout by half.

Grounded Virgin flight attendant gets job back

The FWC has reinstated a senior Virgin flight attendant accused of tardiness, stealing snacks, sleeping and watching a movie while on duty, finding pandemic-driven loads on HR delayed the airline's investigation and contributed to procedural fairness deficiencies.

Reinstatement for roadside service mechanic who missed sales targets

In a decision that shines a light on road service provider NRMA's business model, the FWC has found a contractor mechanic's failure to meet KPIs – when he spent too much time with customers and failed to sell enough batteries – did not provide a fair basis for sacking him.


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.