Browsing: Case law | Page 38 (521 items)


Policy left employer with no choice but to sack worker: Bench

A SA youth worker sacked after he was deemed "psychologically unsuitable" has failed to overturn a finding that his employer had no option because of the job's inherent requirement that he pass the psychometric test.



Golden Parches: Takeaway fined for denying drink, toilet breaks

A court has today praised RAFFWU for its service of the national interest in pursuing a McDonald's franchisee and securing $82,000 in fines against if for sinister, cruel, coercive threats via Facebook posts to deny its predominantly young workforce drink and toilet breaks required under the fast food chain's agreement.



Delegates' fracas had tenuous workplace connection: FWC

The FWC has ordered Toll Transport to reinstate one of two TWU delegates who fought each other after a union meeting, finding their punch-up over yard deals while on paid delegates leave did not have a sufficient connection to their work.


Teacher accused of grooming loses "working with children" permit

A tribunal has upheld the revocation of a high school teacher's working with children authorisation after finding that while accusations and behaviours consistent with grooming had not been conclusively established, he continued to put himself in compromising situations.


Tribunal reverses safety sacking

The FWC has ordered the reinstatement of a mine under-manager with an impeccable 40-year work record but docked $55,000 from his pay for misconduct that resulted in a colleague straining his leg.


FWC accepts stressed WFH paralegal responsible for delay

The FWC has extended time for an employee sacked for allegedly persistently flouting a COVID-19 OHS plan, after it accepted her law firm's explanation that the stresses of working from home hampered the mental health of the paralegal responsible for lodging her claim.


FWC backs BHP's expulsion of defecating worker

The FWC has upheld BHP's sacking of a mineworker who twice defecated in an active drill hole, despite finding it unavoidable on one occasion due to his urgent and explosive diarrhoea.


Coronavirus risks justify entry curbs, FWC rules

The CFMMEU's MUA division has failed to convince a senior FWC member that it is unreasonable to refuse entry to an offshore vessel to reduce the risk of COVID-19 transmission and to instead require it to use a landside meeting room.


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