Browsing: Court and tribunal decisions (4,354 items)


Case dismissed after worker threatens lives

The FWC has thrown out a worker's unfair dismissal claim after he threatened his employer's chief executive with a "double tap to the head", disobeyed FWC directions and sent the employer more than 200 emails in a single week containing "nonsense" and further menaces.


Sanction for blocking official's lunchroom talks

A court has fined an employer more than $42,000 for refusing to let AMIEU NSW branch assistant secretary Jason Schultz enter its lunchroom to speak with workers the day before they were to vote on a new agreement, while also threatening to call the police.


Strike ballot proceeds despite employer's grave concerns

Grave diggers and funeral workers are set to vote on strikes and cremation bans after the FWC rejected claims that no amount of notice will avert "significant consequences", while also backing the AWU's objection to the employer's proposed survey of its workforce to gauge its views.


Second chance to halt "fraudulent concealment" case

An employer has won another shot at knocking out an ETU claim that it fraudulently "concealed" in an FWC agreement approval application its alleged engagement of employees for the sole purpose of voting it up.


IRC suppresses name of r-pe-accused nurse

A tribunal has suppressed the name of a nurse charged with digital r-pe while he fights Queensland Health's decision to suspend him without pay, observing that media reports revealing his identity have already led to "adverse impacts and safety concerns".


10% retention rise to remedy mental health "crisis"

Psychiatrist staff specialists in NSW public hospitals have won a temporary 10% "stop-gap" attraction and retention allowance, after a State IRC full bench accepted they had established a special case to address an "acute shortage", partly a result of "comparatively low pay", that is driving a reduction in the quality of mental health care.


$265,000 criminal record bias payout overturned

An appeal tribunal has overturned a ruling in which it found the the ACT Government directly discriminated against an employee based on her irrelevant criminal record when it unilaterally placed her on paid leave and refused to extend her contract, and awarded her $265,000 in damages.


Bench confirms power to overrule flexibility knockbacks

A FWC full bench has rejected an employer's challenge to a finding that it must grant an employee's flexible work request, upholding a decision that reaffirms the precedence of NES provisions even when inconsistent with the terms of an enterprise agreement.


Worker seeking job with rival unfairly sacked

The FWC has found it unfair to summarily sack an "unsatisfied" manager accused of using her small business employer's email to seek a job with a competitor.


Union "endorsement" meant terms agreed for IBD: Bench

A FWC full bench has expressed a provisional view that it should make an intractable bargaining determination reflecting the employer's proposal, other than for a previously agreed term the UWU "resiled" from.


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