Termination of employment page 172 of 182

In separate out-of-time rulings, the Fair Work Commission has rejected a sacked employee's challenge to when his dismissal took effect, but given another employee the benefit of the doubt on the "unreliability" of the tribunal's e-filing system.

A company had a valid reason for sacking its sales manager, including the post-employment discovery of pornographic images on his mobile phone, but "substantial" procedural deficiencies made the dismissal unfair, the Fair Work Commission has ruled.

A power plant operator who resigned to protect his termination entitlements after failing a workplace drug test was not constructively dismissed, the Fair Work Commission has ruled.

The Fair Work Commission has ruled that swearing at a manager in a private telephone conversation does not warrant summary dismissal.

The dismissal of an employee for groping a bartender while staying at a hotel paid for by his employer was not unfair, the Fair Work Commission has ruled.

A sales assistant summarily dismissed for alleged theft has been awarded nearly $30,000 after the Fair Work Commission found no justification for her employer's "inexcusable" behaviour in sacking her and reporting her to the police.

A state government that lost confidence in its mining warden did not breach his employment contract when it removed him from office, nor did it contravene trade practices laws when it originally offered him the role, a court has ruled.

Serco Sodexo Defence Services Pty Ltd has failed to convince the Fair Work Commission it obtained employment for the vast bulk of its workforce when it lost its Defence Department contracts last year, and now faces a hefty redundancy bill for the hundreds of employees who found jobs with the new contractors.

Two mineworkers sacked for breaching "lifesaving" rules at a mine owned and operated by BHP Coal have been reinstated after the Fair Work Commission found their dismissals disproportionate and inconsistent.

An Australia Post supervisor found to have been unfairly dismissed for emailing pornography on the organisation's system has lost his reinstatement bid, with a Fair Work Commission full bench holding it reasonable to expect higher standards from him than from his more junior co-workers who won their jobs back.