Browsing: Procedural fairness | Page 3 (627 items)


$64,000 payout for worker who refused breath test

The FWC has found an employer unreasonably directed a worker to take a breath test without clearly explaining why, and then unfairly summarily dismissed her for refusing it.


Translation to help worker understand employer's "concerns"

The FWC has reinstated a dairy worker and translated its ruling into his Rohingya language to ensure he understands the concerns that led to his sacking, while also warning the employer it needs to better manage the challenges of a diverse workforce.


Reinstatement for grieving worker seen at restaurant

The FWC has ordered Qube to reinstate a stevedore sacked after his manager spotted him out for dinner while on leave to grieve a relative's death, finding the worker reasonably concluded it would be unsafe to attend his shift.


On-hire worker smoked by host's self-tests

Workpac must compensate a mineworker cleared for THC when he used his host-employer's self-testing kits after self-medicating with a joint, but who returned mixed results at the workplace.


Control key to finding s-x worker an employee: FWC

The FWC has found that a s-x worker is an employee rather than an independent contractor, because of the significant degree of control the employer exerted over her work, including requiring her to maintain an "immaculate" appearance with styled hair, make-up, lingerie and heels.


Transpacific games tester an employee: FWC

A US video game company that told a senior FWC member "I wish the United States was as diligent as you guys" about unfair dismissals has been ordered to reinstate an Australian-based tester, after the tribunal applied the new "practical reality" test for employment relationships.


Woolies sacking not undermined by "lenient" approach: FWC

The FWC has upheld the sacking of a long-serving Woolworths warehouse worker who took almost 100 days off in the last year alone, finding the supermarket giant's leniency over many years did not preclude it from switching to a stricter approach.


Deleted CCTV footage undermined sacking: FWC

The FWC has criticised a government department's premature destruction of CCTV footage that might have revealed the truth about a sacked bus cleaner's alleged theft of a handbag left on board.


$45,000 compensation for text dismissal

The FWC has acceded to an employer's request to pay compensation of $44,450 in instalments, but has tightened the proposed timeframe, after a worker with almost a decade of service requested a pay rise and the director responded "you have me by the b-lls", before dismissing him suddenly by text message.


Sacking upheld after host bans on-hire worker

A labour supplier could not be expected to force the host to change its stance on revoking an on-hire worker's site access for conduct the employer found only warranted a warning, but validly dismissed him for his inability to perform his job's inherent requirements due to his expulsion, the FWC has found.


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