Unfair dismissal/termination of employment page 14 of 131

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


Reinstatement ordered after employer's "confected" allegations

The FWC has ordered the reinstatement of a construction worker sacked on the basis of a clutch of "confected" claims that included alleged commuting challenges after losing his driver's licence and his purported concealment of firearms and pornography charges.

Employer entitled to knock back worker's Novavax request: FWC

"Similarities" with the case of a worker awarded compensation after being shown the door for missing a COVID-19 vaccination deadline have not been enough to persuade the FWC that a public utility unfairly dismissed an employee when it denied him a chance to wait for a Novavax jab.

HR manager not required to appear in "cover-up" case

The FWC has ordered a Serco supervisor and corrections officers to front a hearing of an unfair dismissal claim of a prison canine handler who accuses the company of sacking him to cover up the allegedly cruel treatment of a dog that had to have its tail amputated.

HR managers lack "quite specific" advocacy skills: FWC

A 63-year-old worker's summary "time theft" sacking has been upheld after the FWC ruled that his multinational employer's HR team lacked the firepower to argue its case against a union's experienced industrial advocate.

Telstra "bent over backwards" for vax-objector: FWC

As Telstra next week prepares to defend a Federal Court class action on behalf of employees who refused to comply with its COVID-19 vaccination policy, the FWC has held that it met consultation requirements and "bent over backwards" to ensure fairness before sacking a worker with a moral objection to being jabbed.

Discovery of manager's cunning plan punctured credibility: FWC

A manager's email to a client suggesting a listed company might be overcharging almost $70,000 a month constituted a valid dismissal reason, as did sending a confidential document to a former employee even though it was discovered post-sacking, the FWC has held.

Bench rules pay below high-income threshold

A FWC full bench has dismissed an "unusual" unfair dismissal jurisdictional appeal, finding that a worker who took a pay cut due to his employer's financial struggles fell below the high income cap despite the company arguing that the Commission's compensation order proved his pay exceeded the threshold.

Employer got rest rules wrong: FWC

A flight attendant sacked from a Sydney billionaire's private jet for refusing to change hotels before a flight from LA has won compensation, after the FWC found the employer wrongly applied pilots' rest rules and subjected her to an unreasonable order given the time it took her to shop for food for passengers and crew on the long-haul flight.


Sacked worker let down by IR advisor: FWC

The FWC has lamented the "failings" of an IR advisory business that wrongly told an on-hire worker to bring his general protections claim against his host employer.