Browsing: Case law (1,812 items)


Costs awarded after "heckling" in court

A judge has overlooked a law firm member's "deplorable" heckling during a hearing in awarding costs against an "experienced litigator" and his firm for persisting with a stay application that unreasonably extended a solicitor's dismissal challenge. NOTE: This article has been corrected after initially stating that the heckling came from the bar table.


"Integrity" concerns justified loan manager's sacking: FWC

The FWC has upheld Westpac's sacking of a veteran loan manager found to have accepted payments from customers and misused WhatsApp, with the tribunal rejecting his claims that it carried out a sham investigation in retaliation for his "whistleblowing".


Reinstatement for worker who tried to stop "swarm"

In a decision shining a light on real-world tensions in applying workplace safety policies, the FWC has reinstated a 67-year-old bottle shop attendant sacked after she feigned closing a roller door to spur a "swarm" of thieves to leave the store.


FWC pans consulate's "fixed-term" retirement policy

A consulate must compensate a driver whose contract demanded he retire at 65, with a senior FWC member finding no reason why India's government cannot revise its "discriminatory" compulsory retirement policy for Australian-based employees.


FWC not sweet on Mars HR manager

In a significant decision on apportioning blame for safety breaches, the FWC has ordered the reinstatement of a supervisor for confectioner Mars after finding a HR manager conducted a "too narrow" investigation of the aftermath of an incident involving a forklift piercing an 850kg carton of mints.


AI hallucinations bedevil another FWC case

In another FWC case blighted by AI, a senior member has lamented the time wasted by tribunal staff and an employer as a result of a self-represented worker's citing of three supposedly pertinent decisions, two of them irrelevant and one that "simply did not exist".


900% increase in monitoring calls reasonable: FWC

A senior FWC member has addressed a First Nations worker's concerns that Services Australia subjected her to an unfair performance management plan, overly monitored her, and failed to provide cultural safety, before leaving no option but to resign.


Driver's ice cream sacking justified in cold case: FWC

A refrigerated transport company had good reason to sack a driver who allowed more than $70,000 of ice cream to melt during a six-hour drive, the FWC has found, refusing to accept his blame-shifting for failing to reduce the temperature to the required setting.


One Nation staffer loses dismissal challenge

A FWC full bench has overturned a finding that PM Anthony Albanese's post-election decision to pare back One Nation's staffing allocation amounted to a dismissal.


Late application not apples: FWC

A senior FWC member has put Apple adherents on notice not to use its proprietary word processor Pages to file documents, observing that the tribunal has enough on its plate without wasting time "chasing down applicants" over inaccessible formats.


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