Procedural fairness page 13 of 54

534 articles are classified in All Articles > Termination of employment > Procedural fairness



Late application allowed after tardy HR advice

The FWC has extended time for a Victorian tram driver wrongly told he could use his employer's internal appeals process to challenge his sacking, with the advice not corrected by HR until a day after the tribunal's filing deadline.

Intellectual property concerns warranted sacking: FWC

The FWC has upheld a government-funded organisation's summary sacking of a support officer who claimed ownership of a program's intellectual property while planning with a team of consultants to take it outside.


Tribunal won't swallow marijuana cookies claim

The FWC has refused to accept a worker's claim that he tested almost 20 times over the limit for the psychoactive compound THC because he unknowingly ingested up to three marijuana cookies from a plate of food taken home from a 40th birthday party.

Sacked union official sues over alleged gambling discrimination

A former ETU official is suing over his expulsion from the union for credit card misuse and refusing to apologise for an alleged assault, claiming discrimination on the basis of his gambling addiction and that the matters had already been finalised under the branch's previous leadership.

Pandemic used to "disguise" ex-wife's sacking: FWC

The FWC has ordered a chief executive to compensate his ex-wife $27,000 for unfairly sacking her from their start-up, finding he used the COVID-19 downturn to "disguise" her dismissal as a redundancy soon after they separated.

"Suspicions of foul play" no basis for sacking: FWC

A medical recruiter that sacked a manager over an "under-investigated suspicion" he took confidential information from its database must compensate him after the FWC found it was so focused on building a Supreme Court case it failed to provide procedural fairness.

Big employer's "disturbing" HR failure

Amcor must compensate an injured worker by paying him for two months it should have granted as unpaid leave before sacking him, the FWC finding the packaging giant's failure to inform itself of obligations "disappointing and disturbing" given its size and HR resources.

Hugging teacher fails to win back job

An FWC full bench has today found errors in a ruling that upheld a private school's sacking of a 52-year-old teacher for hugging students and other misdeeds, but has refused to overturn it.