Browsing: Court and tribunal decisions | Page 106 (4,317 items)


HR managers lack "quite specific" advocacy skills: FWC

A 63-year-old worker's summary "time theft" sacking has been upheld after the FWC ruled that his multinational employer's HR team lacked the firepower to argue its case against a union's experienced industrial advocate.


Telstra "bent over backwards" for vax-objector: FWC

As Telstra next week prepares to defend a Federal Court class action on behalf of employees who refused to comply with its COVID-19 vaccination policy, the FWC has held that it met consultation requirements and "bent over backwards" to ensure fairness before sacking a worker with a moral objection to being jabbed.


Discovery of manager's cunning plan punctured credibility: FWC

A manager's email to a client suggesting a listed company might be overcharging almost $70,000 a month constituted a valid dismissal reason, as did sending a confidential document to a former employee even though it was discovered post-sacking, the FWC has held.


Late MSD support counts: FWC

The FWC has confirmed that unions applying for a MSD can demonstrate support for bargaining by subsequently providing individual declarations from workers who did not initially cast a vote.



Decades of harassment caused psychological injury, claims firefighter

A tribunal has refused to throw out a female firefighter's workplace s-xual harassment claim involving allegations of "serious and sustained harassment and abuse" dating back almost 25 years, finding it reasonable that she believed making external complaints while employed would have jeopardised her career.


Deliveroo demise dashes gig driver's "test case"

The Federal Circuit Court is set to dismiss an a bid to determine whether a former Deliveroo food delivery driver is a casual employee or a contractor, following the company's decision last year to cease operations in Australia.


Bench rules pay below high-income threshold

A FWC full bench has dismissed an "unusual" unfair dismissal jurisdictional appeal, finding that a worker who took a pay cut due to his employer's financial struggles fell below the high income cap despite the company arguing that the Commission's compensation order proved his pay exceeded the threshold.


Harassed, victimised Della Rosa worker wins $50,000 in damages

An employer must pay more than $50,000 to compensate a supervisor it victimised by forcing her to take leave and change roles after she complained that a male colleague sexually-harassed her when he stared at her breasts.


BHP unlawfully ejected on-hire worker from mine site: Court

The Federal Court will consider whether to fine BHP Coal and order compensation after finding it took unlawful adverse action by excluding a Workpac labour hire worker because he exercised his workplace rights, including by complaining about allegedly unsafe practices.


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