Browsing: Case law (419 items)


Carer's leave not a passage to India: FWC

A public servant who claimed he should have received six weeks carer's leave to escort his frail father back to India for a specialist's appointment and physiotherapy has failed to convince a senior FWC member, who found no evidence to suggest he could not have been treated locally.


Employer can't unilaterally amend hours: FWC

The FWC has upbraided an early learning facility for seeking to override a part-time employee's right to predictable hours that the employer found "commercially or operationally inconvenient".


Care fright no basis for denying ballot: FWC

An emergency care flight service has withdrawn objections to an ANMF protected action ballot of nurses and midwives, and the FWC has found no reason to block it, after the union inserted a caveat to protect patient safety.


$300M bond bill makes redundancies "inevitable": FWC

A senior FWC member has backed a university's approach to consultations ahead of planned job cuts, while observing its unsustainable financial position makes redundancies "inevitable".


Minister's intervention in fire dispute not unlawful coercion

Victoria's emergency services minister did not engage in unlawful coercive conduct when, in the midst of the FWC hearing a dispute brought by the UFU, she intervened to stop the State's firefighting agency establishing a firefighters' registration board, a full Federal Court majority has ruled today.


"Unique" circumstances provide basis for variation: FWC

A "unique situation" has given a FWC member the confidence to make a rare agreement variation order in circumstances where no common intention during bargaining could be established.


Case axed for worker who defied FWC's authority

A FWC member has thrown out the dispute application of a disability support worker who showed an "abject disregard" for the tribunal and deliberately flouted its direction not to contact a former client.


FWC rejects "sneaky" PABO bid

A FWC member has criticised a union's "sneaky" application for a protected action ballot at one of nine interconnected workplaces as potentially "dragg[ing]" members into an industrial campaign "they did not authorise".


Hospital entitled to withhold work ban payment: Bench

In a significant ruling on stand downs, a full bench has upheld a challenge to a hospital's refusal to pay a nurse who declined redeployment to another ward due to a work ban, but found on redetermination that the employer was otherwise entitled to withhold payment.


Deal permits anti-hooning data capture, feedback: FWC

The FWC has rejected CEPU claims that Queensland Rail will use data from its new GPS-linked vehicle management system to performance-manage employees who brake harshly and accelerate or corner too rapidly.


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