Browsing: Court and tribunal decisions (4,721 items)


Decisions round-up: Costs against paid agent; & more

FWC to make rare costs order after drug dealing admission; Sacking over flight delay unfair; Text message proves worker resigned; and FIFO worker dismissed when employer stopped paying for flights.


Superior court judge fails to oust harassment claim

A judge's associate has won her bid to have her 10-years-late s-xual harassment and discrimination complaint against her former boss heard, after the Federal Court found she would have believed she would have no chance of his being held accountable before the High Court issued the Dyson Heydon apology.


HR director the wrong first step in dispute process: FWC

The FWC has dismissed a UFU bid to have it arbitrate a proposed income protection allowance, finding the union's practice of raising matters with Fire Rescue Victoria's people and culture executive director failed to invoke the dispute resolution procedure.


Anti-bullying orders target AI emails

The FWC has ordered quarrelling parties to refrain from using artificial intelligence tools in their communications, to avoid unnecessarily "lengthy" and "accusatory" AI-prepared emails.


Demarcation wording doesn't scuttle agreement: FWC

The AMOU has failed to persuade the FWC that a greenfields deal covering deck officers should be rejected because of a demarcation "side-deal" made with the AWU half a century ago.


"Integrity" concerns justified loan manager's sacking: FWC

The FWC has upheld Westpac's sacking of a veteran loan manager found to have accepted payments from customers and misused WhatsApp, with the tribunal rejecting his claims that it carried out a sham investigation in retaliation for his "whistleblowing".


Reinstatement for worker who tried to stop "swarm"

In a decision shining a light on real-world tensions in applying workplace safety policies, the FWC has reinstated a 67-year-old bottle shop attendant sacked after she feigned closing a roller door to spur a "swarm" of thieves to leave the store.


Dentons repels stood-down worker's pay claim

A court has affirmed that a law firm could treat an employee's silence as acceptance to being "furloughed" without pay during the coronavirus pandemic, rejecting his second-round bid to recoup about $50,000 via a small claims application.


Tick for docking annual leave during industrial action

The FWC has upheld a coal mining company's right to stop accrual of annual leave for employees when they take industrial action or are locked out, in a decision with potential implications for the wider industry.


Reasonable to reject 100% WFH bid: FWC

A federal authority's concerns that a dispute resolution specialist will miss out on face-to-face connections by working from home 100% of the time while looking after his child are among reasonable business grounds for refusing his request, the FWC has held.


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