Browsing: Termination


Worker loses appeal in itchy rash discrimination case

An industrial commissioner wrongly relied on a worker's pre-employment medical report to determine whether he suffered from an impairing skin rash, but he was not subjected to discrimination when he was dismissed for putting his hands down his shorts at work, a judge has ruled.


Hasty redundancy process injured worker

An employer has been found liable for a worker's psych injury because it "blindsided" him with a redundancy meeting shortly after he returned to work from long-term sick leave, during which he was induced to believe his job was secure.


"Safehaven" breach unfairly deemed worse than collision

An employer has been ordered to reinstate and compensate a worker it sacked for breaching one of its seven "safehaven" rules. The employer was unable to explain why the man was punished more severely than two employees involved in a "far more serious safety incident", a commission found.


Contracts unlawfully scrapped after bullying complaints

A consulate has been ordered to pay two workers lost wages and will face pecuniary penalties, for refusing to renew their employment contracts after they applied to the Fair Work Commission for stop-bullying orders.


Punch on public street was work-related and sackable

A commission has rejected a worker's claim she should not have been dismissed for punching a colleague in the face, shortly after her shift ended, because they were close friends discussing personal matters at the time of the altercation.


Critical-safety-breach sacking upheld by full Fed Court

A worker sacked for a critical safety procedure (CSP) breach, with no "demonstrated consequence", has lost his latest bid to win his job back, with a full Federal Court majority blocking his appeal.


Pre-shift smoke breached work and Govt COVID rules

A worker who was caught smoking with two colleagues before the start of a shift was lawfully dismissed under her employer's "unapologetic hard-line" approach to controlling the spread of COVID-19, a commission has ruled.


Failure to report head bang was sackable safety breach

A commission has upheld the sacking of a worker for failing to report a head knock to his line manager without delay, stressing that incident reporting serves a crucial safety function even where an injury hasn't occurred.

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