Browsing: Termination of employment

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Reinstatement for "brain snap" worker

A tribunal has ordered the reinstatement of a council worker found to have had a "brain snap" when he referred to his manager in a text as a "rude c--t" he felt like punching.


Consequences of "assault" justify extra time: FWC

A young worker who is accusing her boss of leaving her no choice but to resign when he physically assaulted her has won extra time to pursue a late unfair dismissal claim, with the FWC accepting that mental health ramifications contributed to the delay.


Bus driver's mobile phone story doesn't ring true: FWC

A bus driver who "blatantly breached" road rules and his employer's policies when he took his hands off the wheel, removed his phone from his pocket and used it while driving "fabricated" his explanation that in fact he had in fact been holding his diary, the FWC has ruled after viewing CCTV footage more than 20 times.


Offshore HR manager contributed to chef's unfair chop: FWC

The Los Angeles-based HR manager for the Melbourne subsidiary of a Chinese hot pot chain did not apply enough rigour to investigating claims about a "knife-wielding" chef before sacking her for a second time, the FWC has found.


"Inadequate" policy leads to cocaine user's reinstatement

In a warning to employers about ambiguous drug and alcohol policies, the FWC has in a 50-page decision highlighted the "inadequacy" of a multinational company's code as being among the reasons for reinstating a wharfie sacked for cocaine use.


Homeless period meets standard to extend time: FWC

In a decision closely considering when homelessness can provide the "exceptional circumstances" necessary to warrant extending time, the FWC has agreed to hear a one-day late claim after hearing the applicant spent a fortnight after his dismissal sleeping in his car.



Scientist's "infrequent error" sacking justified: FWC

In a decision weighing how close to "perfection" an employee's standards need to be, the FWC has upheld the sacking of an experienced scientist accused of "manipulating" data for a single BHP soil sample among thousands he helped test.


Sacked for breach of non-existent policy: FWC

A large childcare operator has been ordered to pay more than $8000 compensation to a sacked worker falsely accused of telling a parent about her tenuous visa status in supposed breach of a company policy found by the FWC to impose no constraint on such interactions.


UWU organiser gets second chance to contest sacking

A former organiser who claims the UWU sacked her for exacerbating post-amalgamation "tensions" by pushing for a staff agreement has won a three-month extension to file her second unfair dismissal application, after a full bench found her first one barred as she lodged it while pursuing an adverse action case.


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