Unfair dismissal/termination of employment page 13 of 131

1306 articles are classified in All Articles > Legal > Unfair dismissal/termination of employment


Homeless worker wins extension

The FWC has granted an 18-day extension for a bin-hire worker to challenge her alleged sacking in light of evidence that her job loss left her homeless and that her limited technological skills scuttled several attempts to use her mobile phone to file her application.

Dog day for handler as FWC backs instant dismissal

A Serco prison dog handler's refusal to cooperate with a HR manager he accused of conducting a fishing expedition, covertly recording their interview and claiming in front of an inmate that he had evidence to "crumble the empire" warranted his summary dismissal, the FWC has held.

"Faith stream's" vax views insufficient to sway FWC

The FWC has rejected an unvaccinated child protection officer's faith-based challenge to her sacking, despite claims that requiring her to get a COVID-19 jab is akin to asking a Muslim worker "to have injections that s/he considered not Halal".



HR manager's responsibility change not a constructive dismissal: FWC

The FWC has found that a HR manager who quit after her employer changed her responsibilities was not forced to resign, noting that although she had to report to a different manager, "a change in a reporting line does not constitute constructive dismissal".

FWC warns workplace policies must be easy to understand

In returning a worker to her job and restoring most of her lost pay, finding the policy the worker breached "might make sense to copyright lawyers and some IT specialists, but probably no one else" the FWC has cautioned that "employer policy documents and manuals must be accessible, understandable and reasonable in their terms".

"Rogue" HR contractor not to blame for fumbled case: FWC

An employer alleging a "rogue" HR contractor's misconduct robbed it of a chance to defend a supervisor's unfair dismissal claim has failed to convince the FWC to revoke a decision that left it with a $34,000 compensation bill.

Lying not enough to justify sacking: Umpire

In considering the case of a worker sacked for failing to tell his employer about his licence suspension and then lying about it, a NSW IRC member has found that his length of service "'cuts both ways' – the longer an employee’s period of service, the more they can be expected to be aware of the conduct expected of them by their employer".

Jetstar overseer failed to curb farting, harassing subordinate: FWC

A Jetstar maintenance supervisor who referred to colleagues as "dumb c-nts" and tried to destroy the credibility of a complaining subordinate by revealing he was overtly flatulent and openly rubbed his p-nis at work has failed to establish that his sacking involved double standards or unfairness.