Browsing: Procedural fairness | Page 4 (592 items)


Time extended after HR specialist's representative error

The FWC has extended time for an 11-days-late unfair dismissal claim, after finding the HR professional representing her incorrectly advised her to send a letter of demand to the employer in the interests of "procedural fairness", leading to her missing the 21-day deadline.


Bench backs sacking of meth-taking wharfie

A FWC full bench has refused to overturn the dismissal of a worker in a safety-critical role, upholding a member's finding that the seriousness of the worker's three positive drug tests outweighed procedural shortcomings.


Worker dismissed for sending harassing emails after collision

A worker's continued refusal to take responsibility for a workplace car accident and his "highly inappropriate" emails criticising the investigation of the collision warranted his dismissal, the FWC has ruled.


Union legal team's decision to drop case "a disgrace": FWC

A FWC presidential member has lambasted a union's legal team for leaving an illiterate member "high and dry" when deciding not to pursue a "more than arguable" dismissal challenge that ultimately led to reinstatement with full backpay.


Tribunal backs sacking for cocaine-positive worker

The FWC has upheld the sacking of a long-serving Queensland Rail protection officer who took cocaine on the morning of his rostered night shift and claimed he only started using the drug to cope with the stress of a workplace investigation.


$20K compensation after insensitive "war room" reference

An engineer who lost a close relative in the current Israeli-Palestinian conflict was clearly offended when a manager directed him to move his desk into a project "war room", but his refusal still provided a valid reason for his dismissal, the FWC has found.


HR worker's desire for different result not enough for appeal

A FWC full bench has refused to extend time for a HR business partner seeking to appeal her unfair dismissal decision, finding she had failed to demonstrate any legal errors and instead merely showed "a preference for a different result".


Employer slugged $83K after sacking union delegate

An AMWU delegate sacked for allegedly outing non-union co-workers has been awarded the maximum available compensation after the FWC expressed surprise that his multinational employer's investigation could have been conducted "so badly".


FWC sinks boat captain's sacking challenge

An employer's failure to give a skipper an opportunity to respond to specific allegations about the circumstances surrounding a charter boat's costly collision with a channel marker did not provide sufficient reason to reverse his dismissal, the FWC has found.


FWC bench weighs in on workplace "impairment"

A FWC full bench has upheld the reinstatement of a Sydney Trains employee found to have traces of cocaine in his system, despite ruling that a senior member wrongly concluded that employers need to establish workers who fail drug and alcohol tests are at risk of being "impaired" before sacking them.


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