Browsing: Case law | Page 5 (549 items)


Union permitted to parachute into dispute: FWC

A pilots' union will weigh into a tussle over the Flying Kangaroo's alleged ditching of an A380 captain's exclusive parking arrangements near Sydney Airport, after the FWC rejected the airline's contention it cannot intervene as a "third party" in a member's agreement dispute.


Adero to lodge Super Retail class action next week

As Adero Law prepares to file a class action accusing Super Retail Group of underpaying up to 3000 store managers via an "entirely foreign" annualised salaries system, the company has sacked its chief executive over his affair with its former head of HR, while defending proceedings launched by two whistleblowers.


Alternative job unacceptable due to WFH cut: FWC

The FWC has refused to reduce a worker's redundancy payout because the role the employer offered, after outsourcing the company's HR functions, would have paid less and required her to work in the office an additional day each week, despite the informality of her WFH arrangement.


"Reckless" car chase justifies sacking: FWC

A Victorian corruption watchdog operative's "reckless and unsafe" close pursuit of a Mercedes fleeing a minor accident warranted his dismissal, the FWC has ruled.


FWC denies flex request due to lack of evidence

A worker failed to provide evidence that demonstrated that she sought a compressed work week to care for her partner and grandson, and that those needs related to her age, the FWC has found, ruling her flexible work arrangement request invalid.


FWC denies chance to challenge AI-driven retrenchment

Fast-growing HR and recruitment platform Employment Hero made a senior technical writer redundant after it replaced the content he produced for its online "help centre" with "automated workflows and AI", but the FWC has declined to extend time to allow him to pursue his unfair dismissal claim.


Taxman failed to respect ASU's representative role: FWC

The FWC has found the ATO failed to respect the ASU's role as the representative of a legally blind worker called into a meeting to discuss a request the union made on his behalf for a 100% WFH flexibility arrangement, to avoid the need to take public transport.


Made-up texts justified HR manager's sacking: FWC

The FWC has found that a senior HR manager's fabrication of a text message from a colleague - which discredited allegations she made against him - amounted to "a complete fiction that even the famed spy story novelist John Le Carré would have been impressed by" and warranted his summary dismissal despite procedural deficiencies.


$64,000 payout for worker who refused breath test

The FWC has found an employer unreasonably directed a worker to take a breath test without clearly explaining why, and then unfairly summarily dismissed her for refusing it.


Insistence on husband's health status biased: Tribunal

A roadside assistance and financial institution discriminated against a customer service officer by requiring clearance from her husband's specialist to confirm she would not put him at risk by returning to the office during the pandemic, a tribunal has held.


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