Browsing: Case law (392 items)


CCTV surveillance no threat to casino worker

A casino manager did not mean to suggest that Crown Melbourne would use its CCTV coverage to "get" a worker if she challenged its refusal of her flexible work application to care for her sick mother, when he pointedly talked about her being under constant surveillance, a tribunal has found.


Junior rates decision eased by "practical" timeline: Employers

Employers have described today's FWC decision to abolish junior rates for 18 to 20-year-olds as "disappointing" and a "financial blow", as the tribunal conceded the likelihood of a negative effect on employment of workers as businesses adjust to increased labour costs.


Bench expunges junior rates for adults

A FWC full bench has today rejected a union bid to improve junior rates for under-18s, but has acceded to a request to axe them for over-18s.


Not even a cup of coffee: Bias case rejected

FWC member and former ETU NSW branch secretary Bernie Riordan has thrown out a demand that he recuse himself from an anti-bullying case due to his alleged "connection" with a union leader named as a respondent, saying the tribunal would "grind to a halt" if it acceded to such requests.


$125K costs against worker in "textbook" case

A rope access technician has been ordered to pay $125,000 in costs after pursuing a failed underpayments and discrimination case described by the judge as "a textbook example of launching an action without reasonable cause".


FWC's "limited" response to HR manager's suppression bid

The FWC's longest-serving member has provided a detailed exposition of the tribunal's approach to suppression orders, reinforcing that it is not merely about "public understanding" of her reasons for finding that an employer did not force an experienced HR manager to resign after less than five months in the job.


Worker forced to store br-astmilk in suitcase wins $205K

In a default judgment, a federal court has ordered the UAE consulate to pay an Australian worker almost $205,000 in penalties, compensation, interest and costs for s-x discrimination and adverse action, after her employer forced her to br-astfeed in a storeroom, store her milk in a suitcase filled with ice, and denied her unpaid parental leave, before dismissing her.


"Strong stance" on racism undermined by sacking process

The FWC has applauded an employer for its "strong stance" in sacking a worker who told a toolbox meeting that Chinese people are "taking our jobs", but nevertheless awarded him $4000 compensation because of shortcomings in the dismissal process.


Tech One repels manager's $55M challenge

The Federal Court has dismissed an adverse action claim by the former Victorian manager for listed software company Technology One, in which he initially won a now overturned $5 million payout, and sought nearly $55 million on retrial.


SCHADS gender undervaluation case returns tomorrow

A FWC expert panel is inviting parties to the SCHADS award gender undervaluation case to tell it at a hearing tomorrow what they think of a possible new classification structure thrashed out in a series of conferences, as an alternative to the panel's provisionally-floated model, and to weigh in on multiple issues in dispute.


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