Browsing: Procedural fairness (619 items)


HR wouldn't have saved unfair sacking: FWC

Two food delivery service founders have won more than $150,000 in compensation after their sacking by a company chair whose "total disregard" for procedural fairness made it unlikely he would be swayed by HR advice.


FWC rekindles pregnant worker's job at Amazon

An Amazon on-hire worker has been reinstated and awarded almost $15,000 after a FWC member speculated that her threat to go to the tribunal over the reaction to announcing her pregnancy prompted her employer to "circle the proverbial wagons".


FWC backs AFL sending-off elite umpires coach

The FWC has upheld the dismissal of long-serving AFL umpire and coach Frank Kalayzich, who claimed to be the victim of HR bias and a CCTV footage "ambush" after he manhandled a jogger at North Sydney Oval and frog-marched him to the exit gate.


HR manager not denied chance to give evidence: Bench

A FWC full bench has upheld a $60,000-plus payout to a worker sacked after refusing to take a breath test, rejecting an employer's claim that the umpire unfairly denied its HR manager a chance to give evidence.


Questionable restraints made sacking unfair

The FWC has taken post-employment restraints into account in finding an underperforming sales manager's dismissal unfair, because while they may have been unenforceable they still reduced his prospects of getting a new job.


Major childcare employer too quick to eject worker: FWC

The FWC has ordered the reinstatement of a casual early childhood educator axed from her workplace roster because she failed to fill out a child safety declaration while off the job in a remote, cyclone-afflicted area in China.


ChatGPT-aided sacking email fails decency test: FWC

The FWC has upbraided a small business owner for informing a supervisor through an email drafted with help from ChatGPT that it had decided to retrench her, finding that sacking a worker via such a "cursory" means fails "to adhere to basic standards of decency".


No cooling-off entitlement: FWC bench

A worker held a mistaken belief that he had a legal entitlement to a cooling-off period after he settled his unfair dismissal claim, a FWC full bench has ruled.


Worker seeking job with rival unfairly sacked

The FWC has found it unfair to summarily sack an "unsatisfied" manager accused of using her small business employer's email to seek a job with a competitor.


Deficient harassment probe forced resignation: FWC

"Serious" flaws in an employer's s-xual harassment investigation, in tandem with its expectation the worker would continue working alongside her alleged harasser, forced her to resign, the FWC has found.


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