Procedural fairness page 1 of 38

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


Partner's "thuggish" texts didn't warrant sacking: FWC

A barrage of "thuggish" texts sent by the partner of a worker alleging harassment and bullying did not justify her dismissal, the FWC has found, describing the employer's attempt to vacuum-seal its investigation of her claims as both unreasonable and unrealistic.

Inappropriate behaviour prompted former organiser's sacking: HSU

The HSU has struck back at a former organiser's age discrimination claim, saying she inappropriately made a secret recording and revealed at a divisional council meeting that she'd call "rape rape rape" if ever left alone with any manager who bullied or intimidated her.

Scientist's redundancy a sad case of economic rationalism: Judge

A judge has taken an unsparing swipe at "economically rationalist management policy" in considering an eminent CSIRO scientist's challenge to his redundancy, bemoaning a selection process based on candidates' capacity for "external revenue generation".


HR process undermined "very strong" sacking case: FWC

A mining company must reinstate a summarily sacked coal mine worker and reimburse six months' lost income after its hasty and "inadequate" HR disciplinary process "effectively turned a very strong case with a valid reason to one with little or no procedural fairness".

FWC upholds sacking of worker for punch after Yakuza claims

The FWC has upheld the dismissal of a student visa holder who punched a co-worker in the face after accusing him of saying "a lot of bad things" about a colleague she claimed was regularly being sexually assaulted by local Japanese gangsters.

Nonsensical to sack pregnant worker on JobKeeper: FWC

A non-profit sporting club has been ordered to pay $9750 compensation to a fitness instructor sacked while on JobKeeper after declining shifts because of the suspension of the club's child-minding facilities due to COVID-19.

FWC bench within rights to halt reinstatement: Full court

A 64-year-old BlueScope worker sacked for mishandling a 13-tonne coil has failed to win his job back, after a full Federal Court majority found a FWC bench did not go beyond its powers to halt his reinstatement.

Labour hirers not "exempt" from redeployment obligations: FWC

A FWC member has resisted criticising labour hire company Workpac for mishandling the redundancies of five mine workers due to "extraordinary" COVID-19 circumstances but expressed disbelief at resource giant South32's ignorance of its supplier's statutory obligations.