Browsing: Termination | Page 11

A Federal judge has found that selecting a worker for redundancy, after he raised multiple safety concerns, constituted unlawful adverse action, with his employer failing to prove his termination was due to poor performance and not his exercise of workplace rights.

A workplace health and safety committee member sacked for smoking cannabis the night before a shift has been denied permission to further pursue his unfair dismissal claim, with a Fair Work Commission full bench rejecting his argument around not been impaired while at work.

A national employer's decision to deny compensation to a worker, who claimed his shoulder was injured by an awkward manual task, has been affirmed by a tribunal, which found he provided an "incorrect history" to doctors and changed his story to suit his post-termination case.

In another case involving the interpretation service on Nauru, a tribunal has found a worker's psychological symptoms arose from the reasonable premature termination of his employment, blocking his access to workers' compensation.

The dismissal of a bus driver, who refused service to three young children because he perceived a threat to his health and safety, has been found valid and fair, with a commission ruling he escalated the incident instead of applying his comprehensive de-escalation training.

The sacking of a worker who never received his show cause notice or letter of termination, because they were sent to the wrong address, has been found to be fair and reasonable, with a commission ruling his non-compliance with a COVID-19 vaccine mandate outweighed any procedural unfairness by his employer.

A worker who was sacked for regularly beaching fatigue management laws, and accused of having a "cavalier" approach to safety, was unfairly dismissed, a commission has ruled, after hearing his employer's previous owner threatened to terminate his position if he refused to drive longer than the legal 12-hour limit.

A Fair Work Commission full bench has quashed a ruling that a gig economy worker was an employee protected by unfair dismissal laws, rejecting the man's claim that the WHS rules imposed on him by Deliveroo were inconsistent with an independent contracting arrangement.

The dismissal of a long-serving worker was unfair and disproportionate to his misconduct, a Fair Work Commission full bench has found, upholding a ruling that his breach of a safety protocol created a "negligible" risk.

A casual worker was unfairly dismissed for not complying with fatigue management laws and policies, a commission has ruled, finding his supervisors encouraged his alleged non-compliance, and rejecting his employer's claim the dismissal was not related to his coinciding request for a permanent role.