Browsing: Case law | Page 2 (727 items)


Representing parties in FWC not "automatic"

An unpaid layperson said to be representing 12 workers in the FWC has failed to convince a senior member she has an "automatic right" to represent a pilot in a late general protections case, with the tribunal also citing evidence she unsuccessfully sought a restraining order against the employer's lawyer and allegedly threatened his family.


Harassment case first to test 24-month time limit

The FWC has dismissed s-xual harassment claims against two employees of an IR advisory service but allowed those against a director to continue, in the first decision to consider its new discretion to throw out allegations filed outside a two-year window.


Federal agency wins leave to appeal race bias findings

The Federal Court has granted Services Australia leave to appeal a finding that it took adverse action against a worker based on his race or s-xuality when it sacked him for punching a colleague in the head.


Paid agent entered wrong name on application

The FWC has allowed a six-day-late disability discrimination case to proceed after accepting that the paid agent engaged to file the application entered the wrong name and employer.


RSA obligations not workplace laws: Court

A court has rejected arguments that certain industry obligations constitute workplace laws under the Fair Work Act, rejecting a worker's claim that responsible service of alcohol laws regulate employment relationships.


$480K in penalties against habitual underpayer

A director repeatedly targeted by the FWO who "brazenly" continued operating businesses despite a restraining order and habitually and deliberately underpaid workers has been ordered to stump-up $479,000 in penalties against him and his companies.


Extra time for HR manager with undiagnosed condition

The FWC has extended time for a HR manager with a "debilitating" undiagnosed neurological condition to file her general protections claim, despite accepting the medical evidence failed to prove her incapacitation during the 21-day statutory limitation period.


Pistol club the target for $500K fine

A court has awarded more than $500,000 in penalties to an 80-year-old former pistol club manager paid for more than a decade just $250 a week, from which the employer deducted $100 as rent for the on-site mobile home she lived in with her disabled son.


Time extended after double online filing failure

The FWC has extended time for an employee to lodge her late adverse action claim because she tried twice to file it online within time and twice more soon afterwards, before fronting the registry and lodging it in person.


Dismissal round-up: "S-x object" sacking justified; & more

Tutor's sacking over "s-x object" comment warranted; $16K compensation after "cursory" text message dismissal; "False hope" provided by AI; Expelled priest not an employee; and Bench upholds joint smoker's reinstatement.


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