Unfair dismissal/termination of employment page 88 of 129

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


Covering for director's absence costs PA her job

The FWC has upheld the sacking of a personal assistant who became entangled in a company power play, finding that her employer's belief that she lied to cover a director's tardiness satisfied the requirements of the small business code.

Reinstatement untenable after loss of trust in employer

In a rare case turning on an employee's loss of trust in his employer rather than the other way around, the FWC has stepped back from ordering the reinstatement of a worker found to have been unfairly dismissed, despite describing it as the most "compelling" remedy.

Worker sacked for blowing whistle on drunk employer: FWC

The FWC has ordered a franchisee to compensate an unfairly dismissed employee who contacted head office to report her boss for drunkenness and drink driving in accordance with company whistleblowing provisions.

FWC dismisses costs bid against dead worker

The FWC has thrown out on natural justice grounds an employer's application for costs against a 75-year-old physiotherapist who died during her unfair dismissal case, having previously indicated she would "vigorously defend" any such bid.

Expert evidence undermined Rio's case: Bench

Confusing evidence from Rio Tinto experts might have contributed to a senior FWC member incorrectly assessing the number of safety breaches committed by a dismissed mechanic, a Commission full bench has found.

GM on "variable" pay deal below high income limit, FWC rules

An employer that slashed its general manager's earnings from $180,000 to $120,000 in the five months leading up to his dismissal has argued that he was paid under a "variable wages agreement" that exceeded the high income threshold when averaged over the year.

Union facing dismissal claim invokes small business code

A former Flight Attendants Association manager is testing the union's ability to claim a small business exemption for her unfair dismissal claim, with the FWC ordering its international and national divisions to provide pay records and meeting notes about the salaries of all elected officials.

Qantas worker's "fundamental" conduct breach justified sacking: FWC

In the wake of the public spotlight on the Qantas "inclusive language" guidelines, one of its baggage handlers has failed to convince the FWC that tearing a colleague's shirt, shoving him against a locker and telling him to f-ck off back to his country were not sackable offences but rather a bit of "argy bargy" between friends, consistent with the workplace culture.

"Naïve" worker pays price for operating under two names

A labour hire employee who lost an offer to shift to direct employment with his host employer after IR staff became aware of his dual identity has failed in unfair dismissal claims against both parties, in a ruling in which the FWC also rejected his joint employment arguments.

FSU at royal commission; On-hire worker's dismissal claim; & more

FSU legally represented in banking royal commission; "No end date" comment spurs on-hire dismissal claim; Company's "secret" to closing gender pay gap; Disputes at decade-long low; and surprising lift in US private sector union membership.