Browsing: Case law | Page 40 (545 items)


Dishonesty valid reason for delegate's dismissal

After the FWC reinstated one of two truck driver TWU delegates involved in a punch-up, it has now upheld Toll's dismissal of the second driver because he lied during its investigation – a reason not relied on by the employer.


Wharfies should have heeded health chief's COVID advice: FWC

The FWC has found the MUA should have followed the NSW chief medical officer's advice to return to the docks after OHS representatives issued a "cease work" order in response to wharfies contracting COVID-19 in the early stages of the pandemic.


Full court majority backs coercion call, despite procedural flaws

A full Federal Court majority has found a judge did not deny a building contractor procedural fairness by failing to put it on notice before declaring it breached non-pleaded coercion provisions, during a meeting with undertones of The Godfather.



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.


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