Unfair dismissal/termination of employment page 129 of 132

1313 articles are classified in All Articles > Legal > Unfair dismissal/termination of employment


Legal representation generally "a welcome relief", says FWC

A senior FWC member has strongly endorsed legal representation of parties in hearings, saying that with the rise of self-representation, the involvement of legal practitioners is "more often than not, a welcome relief".

No justification for "duplicitous" manager's media leaks: FWC

The Fair Work Commission has upheld the RSPCA's dismissal of an executive manager for leaking to the media, providing confidential documents to his union and undermining his chief executive, describing his conduct as "reprehensible" and "duplicitous".


Xmas party breast-toucher gets job back

A NSW public servant who admitted touching the breasts of five women during a 2012 Christmas party has won his job back after the NSW IRC found he was treated more harshly than a senior manager who was only demoted.

Bankrupts can seek full range of dismissal remedies: Bench

Undischarged bankrupts will be able to pursue the full range of unfair dismissal remedies under the Fair Work Act as long as they have been declared insolvent before lodging their claims, a Fair Work Commission full bench confirmed yesterday in a ruling that resolves conflicting single-member decisions on the issue.

Marijuana smoker wins job back despite zero tolerance policy

Zero-tolerance drug and alcohol policies are back in the spotlight following the FWC's decision to reinstate a ship's master who crashed his ferry into a Sydney Harbour wharf 16 hours after smoking marijuana at home to relieve shoulder pain.

Secondment arrangement akin to labour hire: Bench

A Flinders University analyst who argued that she was dismissed to avoid an investigation of her workplace bullying allegations has failed to convince a Fair Work Commission full bench she should be able to appeal the rejection of her unfair dismissal claim.

Court rules employer disciplinary breach not "trivial", awards compensation

The Federal Court has awarded a nursing assistant $15,500 for her employer's failure to follow the three-strike disciplinary procedure in its enterprise agreement, but rejected her claims that it breached an implied term of trust and confidence in her employment contract.

Teacher wins reinstatement appeal

In a ruling that highlights the need for tribunal members to fully explore reinstatement options for unfairly dismissed employees, the Fair Work Commission has upheld an appeal by a Catholic teacher against a decision not to give him his job back.

Federal Court rejects bid to overturn delegate's reinstatement

The Federal Court has dismissed a stevedoring company's challenge to the interim reinstatement of a MUA delegate, despite acknowledging the company's belief that the orders undermined its authority to manage workplace bullying and harassment.