Browsing: Termination of employment

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Late application can't be "pinned" on union: FWC

A Coles worker sacked for "interacting" with shoplifters in defiance of company policy has had her one-minute-late adverse action application binned, after the FWC rejected her bid to "pin" responsibility on the SDA, while at the same time affirming that the deadline is not a "mere technicality".


"Uncertain" dismissal date excuses late claim

The FWC has accepted a casual worker's five-weeks-late unfair dismissal claim after finding that the employer gave him the impression that his employment would continue pending an investigation, and then ignored any further contact attempts.


Office downgrade a factor in reduced redundancy: FWC

Two recycling industry workers have been allowed to keep 30% of their redundancy payments after the FWC accepted that while their former employer found them acceptable alternative employment, it involved moving from a "nice, clean" office to a "dusty, malodorous" one.


"Brain fart" most likely reason for offensive graffiti: FWC

A FWC member has found no plausible reason for a boilermaker's co-workers and managers to conspire to have him sacked for allegedly drawing a p-nis on a client's fuel tanker, concluding that the more likely explanation lay in a colleague's suggestion that he simply had a "brain fart".




Struggle to obtain law-flouting employer's ABN excuses delay

The FWC has extended time for a worker's unfair dismissal claim by 24 days because his employer, which "flouted its legal employment obligations and ignored the FWO", withheld his payslips and employment contract, preventing him from identifying the entity that employed him.


Questionable drug sacking enough to win extension

The FWC has granted a worker a one day extension for his unfair dismissal claim due to the merits of his case, after he alleged his employer summarily dismissed him for a positive drug test taken during a period of annual leave, when its zero tolerance policy would not apply.


Employer not required to produce investigation report

In a case that weighs up employer rights when conducting investigations under commonly-used agreement provisions, a FWC full bench has rejected a worker's request for an investigation report that details his alleged misconduct, but has suggested the employer re-open its probe because it denied him natural justice.


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