In a significant ruling on stand downs, a full bench has upheld a challenge to a hospital's refusal to pay a nurse who declined redeployment to another ward due to a work ban, but found on redetermination that the employer was otherwise entitled to withhold payment.
A FWC full bench has upheld a $60,000-plus payout to a worker sacked after refusing to take a breath test, rejecting an employer's claim that the umpire unfairly denied its HR manager a chance to give evidence.
A FWC full bench majority has quashed a member's refusal to grant an intractable bargaining declaration for highly-paid deputies at a NSW coal mine, finding he wrongly considered that the tribunal's arbitration powers must not be "lightly engaged".
A government department has won an appeal against a finding that a QNMU delegate's decision to send confidential patient information to her home email during a dispute with her unit manager did not constitute misconduct because she did not "deliberately" breach accepted standards.
A FWC presidential member has refused an Aldi bid to stay the FWC's first use of powers to unilaterally amend proposed agreements, observing that while the retailer has arguable appeal grounds, a bench should have the chance to weigh a final decision rather than risk the prospect of multiple intervening challenges.
A FWC full bench has overturned a ruling that due to an employee's lack of award coverage, her employer - which conceded that the SCHADS award applied - had no obligation to consult her before making her redundant.
Labour hire company Skilled has appealed against a Federal Court ruling upholding FWC deputy president and former Labor MP Terri Butler's refusal to stand aside from hearing a same-job, same-pay case due to apprehended bias, despite her calling such on-hire arrangements a "rort" in parliamentary debate.
A FWC full bench has quashed a finding that a government-owned First Nations accommodation service dismissed a manager by breaking a "promise" to convert her non-continuing contract arrangement to permanent employment once she obtained Australian citizenship.
A school has failed to overturn orders to pay a former teacher maximum compensation after her dismissal for allegedly yelling at misbehaving students, after a FWC full bench found no reason to suggest any bias by the tribunal member or that his findings represented a "gross slur" on the employer's witnesses.
