s.390

Start here the most significant decisions we have reported on this section

Case law Fair Work Commission · 29 Aug

Hotham Operations ordered to pay $12,980 over general manager’s summary dismissal

A general manager dismissed without notice by letter dated 22 December 2025 has been awarded $12,980.79 gross plus superannuation after the Fair Work Commission found no valid reason for the dismissal. Commissioner Clarke found the employer's reasons were bound up in an audit that was…

[2026] FWC 1981

Case law Fair Work Commission

Hutchison Ports ordered to pay $49,728 after Commission refuses to reinstate stevedore without security card

Case law Fair Work Commission

Stay In The Fight Boxing Australia to pay $9,100 after 30 per cent mitigation deduction

Latest in s.390

Port Pirie cleaner awarded $7,969 after her shifts went to a new hire before any performance concerns were raised

Case law Fair Work Commission · 27 Oct

Coles ordered to pay $6,483.51 to a 10-year worker sacked for restraining a suspected shoplifter at Liquorland on his break

Case law Fair Work Commission · 26 Oct

Snowy 2.0 contractor SC Hydro ordered to pay $60,417 to sacked worker who took second jobs while suspended

Case law Fair Work Commission · 22 Oct

More in s.390

Case law Fair Work Commission · 17 Oct

Hornibrook Bus Lines must pay $24,050 to a worker of about 33 years made redundant without proper consultation

Case law Fair Work Commission · 10 Oct

Worker sacked by abusive text wins unfair dismissal case after Queensland truck detailing business ignored the Commission for a year

Case law Fair Work Commission · 9 Oct

Checklist cited unauthorised leave before any leave was refused: Fair Work finds dismissal unfair, awards $5,025

Case law Fair Work Commission · 9 Oct

HIFX dealer unfairly dismissed after laptop traced to a Singapore hotel, but no compensation ordered

Analysis 4 Oct

Trustee for The MTGI Trust v Johnston [2016] FCAFC 140: the Full Court on what a Full Bench must do when it decides permission to appeal

Case law Fair Work Commission · 1 Oct

Sydney Freezers driver dismissed by letter after two years on workers compensation: dismissal harsh, no compensation ordered

Case law Fair Work Commission · 30 Sep

Villawood ordered to pay $23,309.87 after sacking senior manager over a lot her own manager approved