Unfair dismissal/termination of employment page 125 of 132

1313 articles are classified in All Articles > Legal > Unfair dismissal/termination of employment


Worker who failed drug test not constructively sacked

A power plant operator who resigned to protect his termination entitlements after failing a workplace drug test was not constructively dismissed, the Fair Work Commission has ruled.


Off-duty groper not unfairly sacked

The dismissal of an employee for groping a bartender while staying at a hotel paid for by his employer was not unfair, the Fair Work Commission has ruled.

"Appalling" dismissal fails small business code

A sales assistant summarily dismissed for alleged theft has been awarded nearly $30,000 after the Fair Work Commission found no justification for her employer's "inexcusable" behaviour in sacking her and reporting her to the police.

Senior public official loses breach of contract case

A state government that lost confidence in its mining warden did not breach his employment contract when it removed him from office, nor did it contravene trade practices laws when it originally offered him the role, a court has ruled.

Workers who breached safety rules get jobs back

Two mineworkers sacked for breaching "lifesaving" rules at a mine owned and operated by BHP Coal have been reinstated after the Fair Work Commission found their dismissals disproportionate and inconsistent.


Unsworn evidence denied employer natural justice: Bench

A Fair Work Commission member denied an employer procedural fairness when he allowed a self-represented unfair dismissal applicant to escape cross examination by giving unsworn evidence from the bar table, a full bench has ruled.

Company should have called in HR, says FWC

A retail chain could have avoided unfairly sacking a strongly performing store manager for refusing a substantial pay cut if it had utilised its in-house HR expertise, the Fair Work Commission has found.