Browsing: Court and tribunal decisions | Page 10 (4,720 items)


Merits get wrongly-filed claim across the line

The FWC has extended time for a worker to contest her dismissal, finding it warranted due to her mistaken attempt to dispute it in another tribunal, combined with the strong merits of her claim.


Sacked "serial complainer" denied $2M compensation

A judge has rejected a former employee's $2 million-plus compensation claim after finding her unlawful sacking was not "the cause or even a material contributing cause" of an alleged psychological injury and that she would have lost her job anyway within months.



Underpayment penalties failing as deterrent: Judge

A former FWO chief counsel-turned judge has taken an axe to the workplace regulator's belief in penalties as a general deterrent, expressing astonishment at its "staggering" pursuit of a $21,000 fine against an employer who quickly coughed up a $976 underpayment once a junior worker provided proof of their age.


World court's strike finding a spur to unions: Lawyer

A labour law academic says a UN World Court finding that workers' right to strike is protected might revive ILO scrutiny of the extent to which the Fair Work Act "over-restricts" protected action, while a lawyer says it might "change the trajectory" of IR litigation and reform.


Case against major franchisor to proceed

An alleged whistleblower's explosive allegations against franchising business Jim's Group may be headed for hearing, after a court gave him an extension of time and let him file an amended claim.


Contested settlement no basis for recusal: FWC

A tribunal member has declined to recuse himself from a harassment case, rejecting claims that what he "may know" about what was possibly agreed in a conciliation conference could affect his impartiality.


"Confronting" emails not bullying, says FWC

The FWC has declined to issue anti-bullying orders against a body corporate secretary despite observing her communication style was "seen as combative and demeaning" and that she displayed "the characteristics of a narcissist".


Court backs DP World on automation panel composition

Stevedore DP World has warded off an attempt by employees to claim a place on three-member panels charged with resolving disputes about automation roll-outs at four ports, when one spot is already filled by the MUA.


$125K for harassed worker with OCD, "extreme" anxiety

A small business owner and his company must pay more than $125,000 in compensation after a court found he s-xually harassed a 20-year-old worker with disabilities by asking about her fantasies and whether they would have s-x if they were dating.


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