Browsing: Case law (605 items)


Flex work request lacked nexus with disability: FWC

The FWC has thrown out a worker's flexible work bid after she attempted to "call in" older medical documents and conceded she had not been diagnosed with the disability identified in her request.


Seven subsidiary's time-theft sacking unfair: FWC

The FWC has ordered compensation for an unfairly sacked WesTrac specialist who altered a leave claim to secure payment for public holidays during the Stokes family-controlled company's end-of-year shutdown period.


Failing to call IR boss not fatal to case: Full court

A full Federal Court has found Metro Trains Melbourne discharged its reverse onus in an adverse action case despite its failure to call a workplace relations head and practising lawyer it approached for "IR advice" in the lead-up to a senior manager's sacking.



MEU bankrolling class action against BHP

The MEU is funding a class action against BHP for requiring on-hire production and maintenance crew to work public holidays, allegedly without making a reasonable request or telling them they could reasonably refuse, while the mining giant is challenging the legal principle at the heart of the case.


Post-Xmas-party biff connected to job: FWC

A worker punching his colleague after their workplace Christmas party warranted his summary dismissal despite it occurring out of hours, the FWC has ruled.


Safety grounds bolster council's flex request refusal: FWC

The FWC has upheld a council's decision to refuse a worker's flexible work request, finding it had reasonable business grounds to align rosters with its revised operating hours and increase employee presence for safety reasons.


Suspension after assault charges warranted

A tribunal has upheld the suspension without pay of a nurse accused of s-xually assaulting a co-worker in their shared employer-provided accommodation, despite his claims it would be unfair when the allegations are "utterly untested".


FWC rejects flex bid to ease retirement transition

The FWC has taken on board a FIFO Shell worker's failure to attend physiotherapy appointments after breaking his back, in dismissing a dispute over the flexible work job-share bids he and a colleague lodged to ease their way into retirement.


Performance management not about "handholding": FWC

The FWC has awarded $4000 compensation to an allegedly unhelpful IT help desk employee, reminding employers that performance-managing workers is about clear expectations and the steps required to meet them rather than "handholding".


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