Procedural fairness page 10 of 53

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


Communication of sacking can't be outsourced to cops: FWC

The FWC has cleared the way for a worker accused of "disruptive menace" and assaulting the chief executive to pursue a general protections claim against his former employer, holding it could not delegate to police the task of telling him he had been sacked.

Vax-hesitant risk manager sought "irrelevant" risk assessment: FWC

The FWC has upheld the sacking of a risk and compliance manager who refused to meet a vaccination deadline, dismissing her request for a risk assessment as irrelevant in the context of approved COVID-19 vaccines and public health orders.

"Disrespect" for HR manager's directions justified sacking: FWC

The FWC has upheld the sacking of a chef despite scant evidence he made discriminatory remarks, finding his failure to follow a HR manager's instructions constituted a valid reason and WorkCover certificates from a "malleable" doctor severely compromised his credibility.

Reinstatement for driver told to "f*** off Karen"

The FWC has reinstated a Gold Coast bus driver who ejected a passenger for telling her to "F-ck off Karen" after she implored him to wear his face mask properly, finding also that making a call on her smart watch did not breach the employer's mobile phone policy.

ANAO ordered to reinstate COVID-vulnerable WFH auditor

The FWC has taken the National Audit Office to task for revoking permission for a veteran public servant "at increased risk" from COVID-19 to work from home and then sacking her after she refused to return to Canberra while she cared for her dying uncle at their second residence.

FWC reinstates Qantas trainer accused of staring at breasts

The FWC has ordered Qantas to reinstate a trainer accused of inappropriately staring at a female employee's breasts during a "distinguishably lewd" safety demonstration, while taking aim at a "ludicrous" video it used to demonstrate s-xual harassment.

Compensation for public servant sacked over Hitler post

A child protection public servant who claimed on Facebook that the military would remove kids from unvaccinated parents and depicted the former NSW premier as Hitler has won compensation after a tribunal found circumstances rendered her dismissal harsh.

Vax mandate attached new "regulatory requirement" to job: FWC

In a thinly-veiled shot at a tribunal colleague who used her position to criticise vaccine mandates, a senior FWC member has emphasised that it is not for the Commission to undermine the law by entertaining parties' "alternative policy preferences".

Reinstatement for FIFO worker unable to make COVID-19 relocation

The FWC has given an energy company until tomorrow to reinstate a Queensland-based FIFO worker who proved unable to return to WA in time for his roster at the Montara offshore oilfield during the McGowan Government's rapidly-changing COVID-19 restrictions.

Partner's "crisis" sufficient reason for late claim: FWC

Building on previous decisions taking a worker's mental health into account when allowing late unfair dismissal applications to proceed, the FWC has granted a time extension to a seed picker ensnared in her partner's breakdown.