Browsing: Case law | Page 26 (1,711 items)


FWC finds fault with AWU after further filing failure

The FWC has urged the AWU to address its unfair dismissal claim lodgement processes after the union revealed its use of an internal case management system has again played a role in an out-of-time application.


No drug test needed for smoked worker

A worker's "unfortunate" comment to the FWC that "it is nearly impossible to injure someone when driving a forklift at 8km/h", demonstrating his "unsatisfactory understanding of workplace safety", has clinched a ruling that upheld his sacking, after he admitted to smoking marijuana the night before a collision.


"Contractor" documents disguised employment relationship: Bench

In a decision with broad implications for the disability services sector, a care provider has failed to overturn a ruling that a worker who signed two contracts describing her as an independent contractor is in fact an employee capable of suing it for alleged unlawful dismissal.


Doctor in witness box might have made a difference: FWC

The FWC has refused a six-day extension for a BCF store manager to challenge her sacking, but indicated that it might have granted it if a doctor who wrote a letter outlining her mental health issues had been called to give evidence.



Westpac wins suppression orders in adverse action case

In a court ruling a major media organisation argues could curtail open justice "in every proceeding", a judge has blocked the release of documents until attempts to reach a mediated settlement in the adverse action case have been exhausted.


Retailer urged to reflect on "subjective" redundancy process

The FWC has urged David Jones to improve its retrenchment processes, while opening the way for a long-serving worker to pursue an unfair dismissal case after the department store deemed her unsuitable for redeployment to an area serving "elevated" clientele.


High Court asked to reject "narrow" definition of work

Extending employers' duty of care to the disciplining and sacking of workers would not "frustrate" contractual certainty or disrupt businesses, lawyers for a charity's former consultant have told the High Court.


"Substantial" roster changes prevent redundancy pay cuts

The FWC has refused to reduce two FIFO workers' redundancy pay, finding that redeployment offers did not amount to "other acceptable employment" because they were given insufficient time to consider roster changes that would also have reduced their time at home.



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