Browsing: Unfair dismissal/termination of employment | Page 25 (1,580 items)




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.


FWC member rejects employer's "cherry-picking" recusal bid

A FWC member has refused a multinational company's bid for him to stand aside from an AMWU delegate's attempt to reverse his sacking for allegedly revealing non-members' names, accepting he "did not sit Sphinx-like" at an interlocutory hearing, but suggesting the employer should have properly considered his comments in context instead of "cherry-picking".


Workers cannot retrospectively resign: FWC

The FWC has ruled that just as a dismissal only takes effect when it is communicated to the worker, a resignation can equally only apply when the employer becomes aware of it.


Unreliable evidence renders Bluescope sacking unfair

The FWC has reinstated a long-serving worker accused of violent threats to a colleague, finding the employer's circumstantial evidence fell short and did not establish that the incident occurred.


Cancer treatment explains late application: FWC

The FWC has granted extra time for a worker to challenge a dismissal she alleges came about while she underwent intensive cancer treatment, with no notification other than a request to hand over her work on her employer's WeChat group chat.


Legal assistant sacked via AI-aided text message: FWC

The FWC has rejected a law firm's argument that a legal assistant abandoned his job, finding its director sacked him in a text message he composed with the assistance of artificial intelligence chatbot ChatGPT.


Employer too slow to alert worker to impending redundancy: FWC

A charity ordered to compensate a retrenched financial analyst has been reminded by the FWC that consultation involves "not merely telling a worker" they have been made redundant months after deciding to restructure their team.


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