Browsing: Court and tribunal decisions | Page 105 (4,458 items)


"Subconscious bias" research not enough for recusal: FWC

A mechanic who overturned the rejection of his "late" unfair dismissal application has failed to convince a commissioner to recuse himself based on Australian Law Reform Commission unconscious bias research.


"Innocuous" questions could be discriminatory: Tribunal

A UK tribunal has found that a job interviewer asked seven questions that could be "reasonable and entirely innocuous" individually, but cumulatively could constitute racial discrimination.




Court to weigh lawyer's "50km radius" restraint clause

A court has refused to grant an interlocutory injunction restraining a lawyer from working in a large regional area while his former firm seeks to enforce a contractual two-year ban, instead accepting an undertaking after observing the legal practice did not have a strong case.



FWC bench refuses bid to extend life of zombie deal

In the first test of Secure Jobs zombie-slayer provisions, a FWC full bench has refused to delay the automatic axing of a scaffolding company's 14-year-old deal after establishing that, contrary to the employer's claims, many of its workers will be better off under the award.



HR manager blocked from "retrospective" dismissal: FWC

The FWC has found that a company's failure to meet modern IR standards, including its HR manager's attempt to "retrospectively" dismiss a security investigator, provided the necessary exceptional circumstances to accept her late unfair dismissal application.


Vax mandate caused psychological injury: Tribunal

An employer held to have caused a psychological injury by imposing a COVID-19 vaccination requirement on a driver must pay more than $80,000 in compensation, plus medical costs, after its unreasonable ultimatum rendered him unable to work.


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