Browsing: Case law


No basis for manager's lockdown pay cut: Tribunal

A 20% pay cut imposed on a general manager while his employer shut its doors due to COVID-19 restrictions breached his contract and did not qualify as a JobKeeper-enabling direction, WA's IRC has held.


Sacking about choice, not employer jab "mandate": Tribunal

A FWC member has sought to emphasise that jabs are a matter of choice for employees, rather than a "mandate" imposed by employers, as a tide of COVID-19 vaccination-related unfair dismissal cases work their way through the tribunal.


"Predisposed view" did not scuttle consultation: FWC

A senior FWC member has thrown out a union challenge to a Commonwealth-owned business's COVID-19 vaccination mandate, while observing that having a "predisposed view" does not mean an employer has failed to genuinely consult about new policies.


Employer's HR became reactive, haphazard at COVID-19's peak

In a ruling that shines a light on "haphazard" HR practices in Victoria's Health Department at the height of the pandemic, the FWC has rejected claims it did not sack a hotel quarantine worker and lambasted it for meeting production orders with redactions that rendered evidence meaningless.


Qantas asking High Court to overturn outsource ruling

The TWU is decrying the Flying Kangaroo's decision to seek special leave from the High Court to challenge the full Federal Court ruling that it took unlawful adverse action when it contracted-out its ground handling functions to prevent workers from exercising their workplace rights to bargain and engage in industrial action, while rival Virgin Australia has told its workforce that it will end its wage freeze.



Highway not my way for speeding Coke worker

The FWC has upheld the sacking of a multinational business's sales representative who ignored repeated warnings that she had crossed the chief executive's "line in the sand" over speeding in company cars.


FWC barred from hearing mask-averse worker's case: Bench

In a significant decision clarifying when the FWC can deal with unlawful dismissal matters, a four-member bench has upheld a finding that a bookstore worker alleging discrimination after being sacked for refusing to wear a mask needed to prosecute her case in court.


Flexibility bid driven by antipathy to virus jab: FWC

The FWC has observed that a Victorian worker's application to work full-time from home under flexible work arrangements was largely motivated by her opposition to COVID-19 vaccinations, in upholding her employer's refusal of her request.



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