Browsing: Termination of employment

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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.


RtD no barrier to workers providing evidence to FWC

Workers have no right to disconnect from FWC proceedings and the Commission can order them to attend or give evidence outside of work hours, a presidential member has confirmed.


Lawyers' alleged settlement deed doesn't pass muster: Court

Two senior corporate lawyers will resume their pursuit of millions in compensation from Super Retail Group after the Federal Court rejected their claims that an enforceable settlement had already been agreed, while a full court will soon separately hear the employer's appeal aimed at suppressing details of its settlement offer.


Employer caught out by Scot's accent goes rogue

A FWC full bench has advised a worker of her right to enforce in court a seven-months-late $32,000 unfair dismissal compensation order, after it ruled that a commissioner correctly understood that the company misinterpreted her "this is shit" curse in her "thick" Scottish accent as "I quit".


Push for biggest small business rejig since Work Choices

COSBOA is seeking the most significant change to the statutory exclusion from employment protections based on business size since Work Choices almost 20 years ago, while it also wants to broaden its reach to exempt small businesses from multi-employer bargaining, complying with casual conversion and delegates' rights obligations and restrictions on fixed-term contracts.


Psychiatric impact of botched dismissals risks damages: High Court

UPDATED A High Court majority has clarified that a 115-year-old UK House of Lords decision does not bar the recovery of damages for botched sackings, restoring the award of $1.44 million to a consultant unable to work since his "sham" dismissal in 2015.


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.


"Materially involved" question jeopardises $1.5M payout

A Federal Court judge has cast doubt over a manager's $1.5 million adverse action payout in a ruling highlighting the difficulty in establishing who in large corporations ultimately makes the decision to dismiss an employee.


$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.


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