Browsing: Unfair dismissal/termination of employment | Page 8 (1,531 items)


"Brutal" humiliation of worker did not warrant sacking: Bench

In a significant decision on whether a sacking can be unfair even when objectively justified, a FWC full bench has thrown a lifeline to a highly-regarded Parks Victoria employee facing the axe after "brutally" humiliating a worker at an on-site café.



First unfair termination case hits roadblock

In the FWC's first ruling on new laws enabling road transport contractors to contest termination, the FWC has ruled that a director of a delivery company cannot make a claim because he did not perform a "significant majority" of the work, delegating it to others instead.


Big costs order against paid agent

A paid agent from the "school of hard knocks" is facing a costs bill of almost $30,000 after an employer racked up unnecessary legal expenses due to his unreasonable handling of a worker's unfair sacking case.


"Retention payment" doesn't count towards income cap

The FWC has cleared the way for a project manager to pursue his unfair dismissal claim after finding his retention payments do not push him above the high-income threshold as they are not "earnings".



Restraints did not render dismissal unfair: FWC

The FWC has rejected a real estate agent's claim that his employer fooled him into resigning, finding its move to enforce post-employment restraints after he joined a competitor did not retrospectively turn a mutually agreed separation into an unfair dismissal.


Non-optimum deed enough to satisfy notice requirements

In a genuine redundancy ruling, the FWC has confirmed that it simply needs to consider whether employers have notified a retrenchment in writing, rather than whether they have provided notice in "the most optimum manner".


UK bill seeks unfair dismissal protection from "day one"

A new UK bill introduced by the Starmer Labour Government seeks to reduce the qualifying period for protection from unfair dismissal from two years to an employee's first day of work, although employers will potentially have an initial nine months in which to sack those "not right for the job".


FWC rejects year-long compensation payment plan

Drawing on limited legislative guidance and case law on instalment payments, the FWC has ordered an employer to split a $30,000 compensation payment over two months rather than the 12 it sought, finding the worker entitled to the "fruits" of his claim "in a timely manner".


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