Browsing: Procedural fairness | Page 61 (619 items)


Organiser's conspiracy theory a "bit rich" says FWC

Former CFMEU official Ben Loakes' claims the union conspired to have him sacked have been rejected by the FWC after it found the official's evidence did not stand up to "any scrutiny".



Franchisor's HR capacity not relevant: FWC

The human resources expertise available to a franchisee company from a franchisor can't be taken into account when the FWC is considering, during unfair dismissal cases, whether the absence of dedicated HR skills influenced the employer's procedures, the Commission has ruled.


Sacking over uniform "theft" doesn't measure up: FWC

Three employees of a major transport and logistics company have been reinstated after the FWC overruled their employer's decision to dismiss them for allegedly stealing uniforms.



FWC flushes away employer's trust and confidence qualms

The FWC has reinstated a portable toilet delivery driver sacked for a safety breach, after rejecting his employer's claims that he shouldn't be returned to the job because it no longer had trust and confidence in him.


Unfair dismissal round-up: Employer denied lawyer; and more

Employer can "effectively represent itself"; It's peculiar: Bench overrules refusal of name change; Employer pays for hitting snooze on investigation; Dating a no-no on employer phone, says FWC; and Hairdresser's evidence doesn't cut it.



Bench backs strict drug policy for safety-critical work

Employers in safety-critical industries might be entitled to enforce zero tolerance policies because there is no scientific test for impairment arising from cannabis use, a Fair Work Commission full bench has suggested.


Company's tolerance of bullying conduct meant dismissals unfair: FWC

Global smelting company Nyrstar had a valid reason to sack two workers for a history of bullying behaviour, but its failure to deal with the conduct over a long period and to put specific allegations to them meant the dismissals were unfair, the FWC has ruled.


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