Browsing: Case law


Lyme disease claim no basis to reject masks, says ABC

The ABC says it is refusing to roster a make-up artist who claims she cannot wear a mask due to Lyme disease, because her insistence on instead donning a face shield puts presenters at risk and it does not accept her actions are the manifestation of a disability.


Hard to stomach, but BHP worker's sacking not harsh: FWC

BHP did not respond harshly when it dismissed a Thailand-based train driver for making a brief call about a worrying health matter while he travelled slowly along a remote Pilbara line, the FWC has ruled.


Workers' comp "joke" no basis for sacking: Tribunal

The FWC has lambasted an employer over the "unconscionable" sacking of a casual who said he was just joking about making a workers' compensation claim after a COVID-19 related standdown, ordering compensation equal to 24 weeks of JobKeeper.


Casual sacked after forced choice between employers: FWC

A casual cook has been cleared to contest her dismissal after the FWC found she was caught between the competing interests of two workplaces in responding to the Victorian Government's single employer directive at the height of that State's COVID-19 outbreak.


Tribunal offers blueprint for COVID-19 consultation

The FWC has given Santos, and AWU and the AMWU a recommended framework for consulting over pandemic-related proposals such as quarantining, suggesting they discuss current disputes concerning the gas giant's Cooper Basin workforce with a view to putting it into practice.


Worker "put the knife" into HR manager: Tribunal

The FWC has rejected a long-serving worker's portrayal of herself as a "victim" of powerful HR forces, finding her displeasure at being asked to account for money raised for a deceased colleague's family led her into serious misconduct.


Consultation required before coronavirus layoff: FWC

A Melbourne hotel that claimed an inability to engage in face-to-face discussions before making a chef redundant during the city's second COVID-19 lockdown must compensate her for unfair dismissal, after falling foul of award consultation obligations.


"Late starter" denied flexitime: Claim

A worker who describes herself as a "late starter" is seeking either reinstatement or almost $1 million, claiming the Defence Department dismissed her for numerous prohibited reasons including her age and complaints about being denied flexible working hours.


Tribunal finds fault with major builder's HR processes

The FWC has upbraided construction company Hansen Yuncken for its "callous" and unfair sacking of a "naïve" trainee who nonetheless provided it with a valid reason by insisting on indefinite unpaid leave to avoid lengthy public transport commutes during COVID-19.


HR manager subjected to musical chairs before sacking: Claim

An HR manager is suing a biotechnology company for humiliating high-rotation desk moves and allegedly hiring a superior for her to report to as a "contrivance" to make her role redundant after she raised pandemic-related OHS and JobKeeper issues.


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