Procedural fairness page 1 of 53

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


$8K to worker sacked for getting "demonic" COVID-19 jab

A Newcastle-based church unfairly summarily dismissed a worker when it took the view that no-one vaccinated against COVID-19 could work for it because it viewed the inoculation as "the world's largest ever untested medical experiment", and retrospectively applied the policy to the worker without warning.

High Court to rule on potential new duty of care for employers

The High Court will consider whether employers' duty of care and consequent exposure to damages extends to providing "safe" disciplinary and dismissal processes that protect sacked workers from psychiatric injury.

"Judge, jury and executioner" sacking was harsh: FWC

A small not-for-profit organisation with no shortage of valid reasons for dismissing a finance manager who "disappeared" during an audit period has nevertheless been ordered to pay her more than $12,000 compensation after the FWC found its executive director should not have acted as "judge, jury and executioner" by overseeing the entire disciplinary process.

Payout for WFH worker forced back to office

The FWC has awarded compensation to an accounts assistant who said she could not return to the office after working from home for almost a decade, while her employer maintained that the arrangement only began with the pandemic.

TAFE workers reinstated after law firm's investigation criticised

The FWC has taken a leading law firm to task over its protracted investigation of three TAFE employees accused of fraudulent, dishonest and corrupt behaviour, rejecting findings of misconduct that led to their dismissal and ordering their reinstatement.

Palmer ordered to pay $40,000 to worker ousted in mass sacking

A Clive Palmer-owned business must pay a worker almost $40,000 for dismissing him by email along with 125 other employees, claiming he failed to work his hours amid site-wide fraud, theft and dishonesty,, and then asking him to re-apply for his job 20 minutes later.

Procedural fairness failures make harassment sacking unfair

A football club's "deficient" investigation and lack of procedural fairness rendered unfair its sacking of a worker for spreading "false and degrading s-xualised rumours" in the workplace, the FWC has found.

Wharfies unfairly sacked over vax refusal: FWC

The FWC has ordered compensation but declined to reinstate 24 DP World wharfies sacked in 2021 for refusing to be vaccinated against COVID-19, finding that although the dismissal process was bungled, the workers "significantly contributed" to the situation.

Wrong line: FWC roasts employer after cocaine sacking

The FWC has reinstated a Sydney Trains worker who used cocaine while on leave, after lambasting the employer for not making it clear that it tests for use rather than impairment and for failing to take on board earlier criticism of its drug and alcohol policy.

Sacked wharfie's explanation not blame-shifting: FWC

Qube Ports must reinstate a stevedore who pranged a client's $70,000 Mercedes after an operations manager mistook her explanations as an attempt to excuse her behaviour or shift the blame.