Browsing: Case law | Page 2 (369 items)


ASU calls for FWC to abandon SCHADS stance

The ASU is urging the FWC to scrap proposed changes to the SCHADS Award that it says could result in 73% of covered workers losing pay, and begin a new review with a broader remit.


"Reckless" car chase justifies sacking: FWC

A Victorian corruption watchdog operative's "reckless and unsafe" close pursuit of a Mercedes fleeing a minor accident warranted his dismissal, the FWC has ruled.


FWC denies flex request due to lack of evidence

A worker failed to provide evidence that demonstrated that she sought a compressed work week to care for her partner and grandson, and that those needs related to her age, the FWC has found, ruling her flexible work arrangement request invalid.


Made-up texts justified HR manager's sacking: FWC

The FWC has found that a senior HR manager's fabrication of a text message from a colleague - which discredited allegations she made against him - amounted to "a complete fiction that even the famed spy story novelist John Le Carré would have been impressed by" and warranted his summary dismissal despite procedural deficiencies.


Insistence on husband's health status biased: Tribunal

A roadside assistance and financial institution discriminated against a customer service officer by requiring clearance from her husband's specialist to confirm she would not put him at risk by returning to the office during the pandemic, a tribunal has held.


Translation to help worker understand employer's "concerns"

The FWC has reinstated a dairy worker and translated its ruling into his Rohingya language to ensure he understands the concerns that led to his sacking, while also warning the employer it needs to better manage the challenges of a diverse workforce.


$150,000 damages for s-xually-assaulted worker

A tribunal has awarded a worker s-xually harassed and assaulted by her boss $140,000 in damages, based on the nature of the conduct and the continued "profound and significant detrimental impact" on her quality of life, plus $10,000 in aggravated damages and $26,500 in costs.


"Bullied" worker put colleagues through "ordeal": FWC

A worker who made unfounded bullying complaints against 11 alleged perpetrators, including a senior HR manager, two HR team members, a safety specialist and an in-house lawyer has been castigated by the FWC for putting his colleagues through an "ordeal" and advised to refrain from making any further "baseless" complaints.


HR manager not forced to resign over flex request

A senior HR manager has failed to establish that Uniqlo forced her to resign by rejecting her requests to return two days a week after parental leave, the FWC noting she was "clearly aware" of her right to lodge a flexible work dispute.


Gendered "microaggressions" did not force resignation: FWC

A former Matildas star and Olympian was not forced to resign from her job at a remote gas facility because of alleged "microaggressions" that included being assigned "non-complex work" and persistent references to "fellas" and "gents", the FWC has found.


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