Browsing: Case law | Page 2 (544 items)


Questionable restraints made sacking unfair

The FWC has taken post-employment restraints into account in finding an underperforming sales manager's dismissal unfair, because while they may have been unenforceable they still reduced his prospects of getting a new job.


Reasonable to reject flex-work request: FWC

The FWC has backed an ASX-listed early education provider's decision to reject a worker's request for flexible arrangements to enable her to keep picking up her children from school each day, instead of moving to a less-accommodating rotating roster.


Misconduct found after "mistaken departure" from standards

A government department has won an appeal against a finding that a QNMU delegate's decision to send confidential patient information to her home email during a dispute with her unit manager did not constitute misconduct because she did not "deliberately" breach accepted standards.


Major childcare employer too quick to eject worker: FWC

The FWC has ordered the reinstatement of a casual early childhood educator axed from her workplace roster because she failed to fill out a child safety declaration while off the job in a remote, cyclone-afflicted area in China.


FWC approach to flex requests "disappointing": Expert

The FWC's approach to assessing flexible work disputes is potentially undermining workers' rights to plan ahead, an academic has warned, after the tribunal held that a Sydney Water employee could not make such a request in the lead-up to his 55th birthday, and found a father ineligible until he finalised his custody arrangement.


Tribunal upends selection process

A tribunal has ordered Queensland Health to re-run its selection process for a midwifery promotion position and remove the successful candidate from her new post, after it failed to give another front-runner a chance to respond to a referee's negative comment.


AiG says union objections to WFH proposal overblown

The Australian Industry Group says that its clerks award WFH proposal is "far less drastic than the unions appear to suggest", in its newly-published response to ASU and ACTU concerns that it might conflict with the new penalty rates legislation and the NES.


"Private" Signal messages bite IR inspector

A former Queensland Office of IR principal inspector has failed to halt disciplinary action over incendiary messages he exchanged with colleagues on the Signal app over plans to close his business unit, including saying he was ready to "b-tch-flog" a female boss and use a piece of "4x2 with rusty nails".


ChatGPT-aided sacking email fails decency test: FWC

The FWC has upbraided a small business owner for informing a supervisor through an email drafted with help from ChatGPT that it had decided to retrench her, finding that sacking a worker via such a "cursory" means fails "to adhere to basic standards of decency".


Employer body's training arms fined for refusing entry

The Federal Court has ordered related entities ECA Training Pty Ltd and NECA Training Pty Ltd to pay $30,000 in fines for blocking two ETU officials from entering its Sydney premises to talk to apprentices.


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