Browsing: Case law (575 items)


Member's "significant" failure regarding evidence: Bench

A FWC full bench has quashed a finding that the ACT's education department unfairly sacked a teacher who crossed boundaries with students, including by messaging them and providing lifts, remitting the case to another member for redetermination.


Full court positive on drug testing

A contentious random drug and alcohol testing regime can go ahead at Opal Packaging after a full Federal Court found both employer and union erred and in turn led the primary judge astray by focusing on who benefited from a requirement that the "status quo remain" in their dispute resolution procedure, while ignoring the rest of the clause.


Big payout after harassment by contractor, customer

A federal court judge has ordered a contractor and a customer to pay an employee $116,000 in compensation and penalties for targeting him with "h-mophobic and s-xualised statements", in "a very serious example of s-xual harassment at work".



Law firm cleared to represent rival's ex-employee

The NSW Court of Appeal has overturned orders blocking a law firm from acting for a rival practice's former employed solicitor, in a decision finding that information imparted while training and mentoring a junior lawyer did not justify a restraint on his future employer.


Payout after employer fails to establish n-ked truth

The FWC has awarded $10,000 compensation to a sacked mine site cleaner who said he had been too drunk to remember skinny-dipping after being "egged on" by colleagues at a Christmas party in their accommodation village.


FWC upholds rejection of flexible work bid

The FWC has backed a mining company's denial of a worker's request for flexible work to enable her to care for her baby, in a decision finding fairness a "neutral consideration" where both parties have acted reasonably.



First RtD case settles before hearing

Before the first Right to Disconnect dispute hearing, scheduled for this morning, Pacific National resolved the matter in a private conference, leaving the Fair Work Act's RtD provisions untested after 20 months in operation.


Disciplining delegate not GFB breach: FWC

The FWC has dismissed claims that an employer undermined good faith bargaining obligations by suspending and then proposing to sack a union delegate who grabbed the shirt of a child patron at a sports centre.


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