Unfair dismissal/termination of employment page 127 of 132

1315 articles are classified in All Articles > Legal > Unfair dismissal/termination of employment


Pattern of inappropriate behaviour justifies dismissal

A Toll employee who intimidated a drug and alcohol testing technician and maintained he was medically unfit to attend meetings with management about his behaviour was validly dismissed, the Fair Work Commission has found.

Valid reason outweighed by long service and investigation delay

A major IT company had a valid reason to sack a project manager who wrongly claimed overnight expenses on 141 occasions over less than 12 months, but his dismissal was unfair given his long and otherwise unblemished service and the long delay in investigating the misconduct, the Fair Work Commission has ruled.

FWC must advise employer on reinstatement options: bench

A Fair Work Commission member's failure to alert an aged care operator during an unfair dismissal hearing that she might reinstate a nurse to a different operational area represented a denial of natural justice, a full bench has found.

Mother of a mistake no justification for late application

Allowing a late unfair dismissal application because of representative error is less likely to occur where the agent is not professionally qualified, a Fair Work Commission appeal bench has ruled.

Ashurst lawyer slams employer's "egregious contempt"

The Federal Circuit Court has added $40,000 and costs to a company's unfair dismissal bill after it failed to pay a sacked worker $49,000 the Fair Work Commission awarded him.


Direction to work extra hours ruled unlawful and unreasonable

A company's requirement for an employee to work additional unpaid hours and make himself available on-call was neither lawful nor reasonable, the Fair Work Commission has ruled in upholding his unfair dismissal claim.


HR shortcomings make urinating driver's dismissal unfair

A truck driver sacked for urinating outside the entrance to a Woolworths warehouse will receive around $14,000 in compensation after the Fair Work Commission ruled his employer's handling of the investigation into the incident rendered his dismissal unfair.

Unfair dismissal claim doesn't survive worker's death: FWC

The Fair Work Commission has refused to allow the friend of an employee who died before his unfair dismissal claim was heard to continue with the case, ruling it had no reasonable prospect of success.