Browsing: Court and tribunal decisions | Page 110 (4,317 items)


Removal from WhatsApp group roster a dismissal: FWC

Removing a gender-transitioning barista from a WhatsApp group roster system following a suicide attempt constituted dismissal, the FWC has held, clearing the way for her to pursue an adverse action case against her former employer.




Bench brings sacked flight attendant back to earth

A senior Virgin flight attendant has had her reinstatement overturned after a FWC full bench comprehensively picked apart a finding that procedural fairness deficiencies rendered her sacking for misconduct unfair.


Employer gave "contrary" message about deal's benefits: Bench

A FWC full bench has upheld the rejection of a mining company's deal after shortcomings in the way it was explained denied some workers a chance to cast an informed vote on whether to remain on the Black Coal Award and enjoy "far superior" redundancy benefits and a ban on casual employment.


Member's shortcut took the wrong course: Bench

A senior FWC member must reconsider an employer's jurisdictional objections to an unfair dismissal application in the correct sequence after a full bench found she leapfrogged several steps the first time around.


Entry rights ruling "deeply concerning", says IR academic

A leading IR academic says a Federal Court ruling that takes a restrictive view of union rights to enter workplaces for discussions is "deeply concerning" and demonstrates a need for Parliament to consider new amendments and provide better guidance on interpretation.



Deal's nominal expiry date the wrong marker: FWC bench

A FWC full bench has thwarted a multinational company's attempt to end to a 30-year practice of maintenance workers banking two hours' leave a week in lieu of pay rises, finding a member wrongly concluded the arrangement could be changed when its agreement reached its nominal expiry date.


Judge shaves funder's share of $20M class action settlement

A judge has drawn a firm distinction between employment and commercial class actions in slashing almost $2 million from a litigation funder's share of a $20 million settlement resolving "sham contracting" allegations.


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