Browsing: Misconduct


No excuse for summary sacking via "proxy": FWC

A 63-year-old brothel receptionist summarily sacked via an intermediary after 15 years of "loyal" service in the "happy little family" workplace will receive near-maximum compensation, after a FWC ruling.


Tribunal scotches sacking for deleting emails, files

A property manager who returned home to down scotch and cokes with her sister following a panic attack during her working time has won $9,000 compensation, after the FWC found her real estate agent employer failed to establish that the hours-long drinking session coincided with her remotely accessing its IT system and deleting and forwarding her emails and other documents.


Umpire rules lawyer's footy-fest out of bounds

In a decision questioning the value of medical certificates issued over the internet, a senior FWC member has excoriated a Melbourne lawyer after finding he claimed sick days in order to attend the AFL's Gather Round in Adelaide and "inexcusabl[y]" provided false evidence in pursuing his unfair dismissal case.


Workers walked "on eggshells" around supervisor: FWC

The FWC has found a supervisor's "grossly inappropriate" treatment of young subordinates amounted to a significant breach of his obligations and warranted his summary dismissal.


Email harasser "needed to be stopped": FWC

The FWC has upheld the sacking of a worker who covertly recorded and shared conversations with colleagues and sent them offensive late-night emails while pursuing old grievances, a tribunal member observing that he "needed to be stopped".


"No excuse" for "astounding" representative error

The FWC has extended time due to representative error, after a lawyer with "extensive experience in employment matters" who is also the author of an article on his firm's website about the "hurdles" to "jump over" to make an unfair dismissal claim, including the 21-day time limit, lodged a client's application four days late.


Covert recording trashes dismissal challenge

The FWC has refused to hear a BP worker's three-day late challenge to her sacking after she revealed she ignored a clear direction not to record the disciplinary meeting at which the employer summarily sacked her.


FWC upholds sacking for phone-use while driving

A mining truck driver's mobile phone use, detected by an infra-red driver alertness system, justified her dismissal, after what the FWC deemed to be a fair investigation process.


"Revelation" about sacking leads to $30K compensation

An employer must pay more than $30,000 compensation to a manager sacked over suspicions that he was taking it for a ride over sick leave, a fact only revealed under questioning by a FWC member.


FWC upholds sacking for "egregious" harassment

The FWC has, at the same time as rejecting the unfair dismissal claim of a university lecturer who "relentlessly" pursued a personal relationship with a student, held that he s-xually harassed her and that his dishonesty provided a further valid reason to sack him.


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