Browsing: Unfair dismissal/termination of employment | Page 5 (1,485 items)


College's "restructure" fails FWC test

A training college must pay more than $8000 to an accounts manager reputedly made redundant in anticipation of laws restricting international student numbers that never passed.


Council loses medicinal cannabis appeal

A FWC full bench has reinforced that a member did not expressly condemn using medicinal marijuana for pain management in a safety-critical role because it was not relevant to considering whether a council harshly sacked a worker who switched prescriptions to one containing THC.


Compensation for teacher who lost "only job he ever had"

The FWC has ordered former IR Minister and Opposition Leader Bill Shorten's alma mater Xavier College to pay a teacher $14,000 for his unfair dismissal, ruling it harsh because he had never held another job and his messy desk, late marking and poor interactions with his colleagues did not justify his axing after 21 years of service.


Unresponsive employer hit for $18K

In a decision illustrating the challenges of conducting cases involving remote Indigenous employers, the FWC has awarded $18,000 to a sacked chief executive after failing to engage the respondent in proceedings despite 14 phone calls, numerous emails and five notices sent by express post.


FWC declines to call out RACQ for sacking

The RACQ was entitled to sack an employee repeatedly punched in the face by a tow truck driver after attending an accident, a presidential member noting a lawyer's question as to what the worker might reasonably have expected when he pushed someone from an industry not known for its "shrinking violets".


HR involvement had "adverse" impact: FWC

The Fair Work Act's compensation cap has operated inequitably to allow Guzman y Gomez to "benefit from its poor treatment" of a hard-working casual denied shifts while a HR manager maintained she remained employed, a senior FWC member has found.


HR practitioner's confidentiality failure justified sacking

The FWC has found it "fanciful" to suggest that an employer might allow a HR professional to send extensive confidential information to his personal email address without authorisation, ruling his serious misconduct warranted dismissal.


Casual's "small window" of availability justified sacking: FWC

A casual Coles worker with limited availability has failed to overturn his sacking following a hiatus of more than three months, but the FWC says the store manager should have taken an additional step before dismissing him.


Permits granted after administrator derides "clowning"

A FWC presidential member has set out the extent to which he considers untested allegations should influence issuing of entry permits, while considering evidence that included CFMEU construction division administrator Mark Irving KC accusing a site manager of "play acting" in a confrontation with a union official captured on video.


No excuse for summary sacking via "proxy": FWC

A 63-year-old brothel receptionist summarily sacked via an intermediary after 15 years of "loyal" service in the "happy little family" workplace will receive near-maximum compensation, after a FWC ruling.


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