Browsing: Procedural fairness | Page 2 (627 items)


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.


Swearing, bikini-pic-sharing wharfie subbed back in

The FWC has reinstated a "careless" Qube stevedore accused of telling a colleague he put his c-ck in their Subway sandwich and calling another a c-nt, while already on a warning for showing pictures of bikini-clad female colleagues to male co-workers.


Made-up texts justified HR manager's sacking: FWC

The FWC has found that a senior HR manager's fabrication of a text message from a colleague - which discredited allegations she made against him - amounted to "a complete fiction that even the famed spy story novelist John Le Carré would have been impressed by" and warranted his summary dismissal despite procedural deficiencies.


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