Unfair dismissal/termination of employment page 94 of 95

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



Employers entitled to dismiss unfit-for-duty workers: Tribunal

The employers of two long-term train drivers who were off work for between 18 months and two years because of health issues were entitled to dismiss them when they were ruled unable to resume driving duties, the Fair Work Commission has found.

FWC finds cure for premature application

In the first full bench ruling on the issue, the Fair Work Commission has found that unfair dismissal applications lodged before a termination of employment takes effect are not automatically invalid and the tribunal has the power to waive any defects in their early filing.

Tribunal criticises company for conduct "bordering on inhumane"

The Fair Work Commission has criticised a major Australian corporation for failing to give enough support to an employee who sought an internal transfer on medical grounds so that he could continue working, despite finding that his dismissal for abusing a manager was not unfair.

Dismissal meeting support person not an advocate: full bench

The obligation for employers to let employees bring a support person with them to any discussions that could lead to dismissal does not extend to allowing that person to be an advocate, a FWC full bench has confirmed in overturning a ruling by Commissioner John Ryan that an executive director was constructively dismissed.


Conscientious objector to social media restrictions loses his job

The Fair Work Commission has emphasised that employers can insist workers comply with social media policies that regulate conduct outside the workplace, in upholding the dismissal of an employee who refused to sign an acknowledgement that he had undergone social media training.

Reinstated doctor loses employer's trust - and his job

A highly-paid Geelong-based anaesthetist has lost his job for a second time after a senior FWC member found that his conduct following his reinstatement in February had contributed to the destruction of his employer's trust in him.

Disciplinary action not in breach of whistleblower laws: IRC

An employee suspended for refusing to work from home while his bullying allegations were investigated has failed in his bid to rely on state whistleblower legislation to secure injunctions against further disciplinary action, including his sacking.

Appeal bench majority upholds dismissal of prison officers

In a split decision, a NSW IRC full bench has upheld an appeal against orders preventing the dismissal of three corrections officers, after finding that Deputy President Rod Harrison had incorrectly based his decision on whether the officers were guilty of serious misconduct.