Browsing: Court and tribunal decisions


IR department not required to disclose internal documents

Queensland's Industrial Court has upheld a finding that an investigator's report and a lawyer's advice on a senior Office of IR employee's conduct attracted legal professional privilege and the employer did not waive it.


Casual's "small window" of availability justified sacking: FWC

A casual Coles worker with limited availability has failed to overturn his sacking following a hiatus of more than three months, but the FWC says the store manager should have taken an additional step before dismissing him.


Permits granted after administrator derides "clowning"

A FWC presidential member has set out the extent to which he considers untested allegations should influence issuing of entry permits, while considering evidence that included CFMEU construction division administrator Mark Irving KC accusing a site manager of "play acting" in a confrontation with a union official captured on video.


Redundancy pot of gold halved

A listed gold producer has succeeded in halving a mine caretaker's redundancy pay after the FWC found that it trimmed the "uncomfortable" responsibilities in a proposed alternative role to the point where it almost mirrored his existing job.


Casuals' "significant detriment" justifies axing deal: Bench

A FWC full bench has axed an 11-year-old deal that excluded minimum engagement periods for casuals, finding that it must terminate agreements if their continued operation would be unfair to "any" rather than all covered employees.


FWC bench lights fire under UFU bargaining case

A FWC bench has refused a UFU request to further adjourn its intractable bargaining case with the FRV in an effort to keep the matter "on track" and has scheduled a three-week hearing, 18 months after it became the first vehicle to test the Commission's new deadlock-breaking powers under the Secure Jobs legislation.



No costs despite "imprudent" rejection of settlement offers

An unlisted mining exploration company has failed to claw back legal costs that included a 14-day trial defending claims brought by its former "whistleblower" chief executive, after the Federal Court found his rejection of two settlement offers justified when he stood to receive "substantial" penalties for workplace breaches.


Backpay for nurse who used "out of scope" revival method

Queensland Health has been ordered to backpay a nurse for an unpaid suspension imposed while investigating a complaint that he "grabbed" a patient's t-sticles in an attempt to revive them after they fainted while showering, a tribunal finding it failed to inform him that it took into account previous allegations of inappropriate behaviour.


Training would have helped warring workers: FWC

The FWC has found that an employer failed to implement recommendations from two bullying investigations conducted by the Ai Group and should now consider leadership training for the former manager of a worker who quit after the filing of the dispute case.


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