Browsing: Court and tribunal decisions | Page 112 (4,554 items)


Employer slugged $53K after ignoring FWC "recommendation"

In a powerful demonstration of the consequences of ignoring FWC recommendations, a court has ordered an employer to pay more than $50,000 in penalties and compensation after it failed to act on a commissioner's call to provide a teacher with details of an investigation before sacking her for allegedly tugging the earlobes of two students.


FWC slays zombie deal presumed "dead"

The FWC has killed off a zombie deal at the request of a leading men's fashion brand that transferred its retail workforce to the higher-paying award in 2019 in the mistaken belief the agreement stopped applying on its nominal expiry.


Demerger bids focus on future capacity, not the past: Bench

A FWC full bench has clarified that divisions seeking to demerge from unions under legislation introduced in 2020 cannot rely on allegations of past mismanagement, because consideration of such cases is limited to "forward looking" assessments of their capacity to represent members.


FWO case goes off-piste with compensation claim: Court

A FWO bid to piggyback a compliance notice breach case with underpayment orders has been upended by a court, which observed that merging the two pathways would "undermine" the Fair Work Act's integrity.


Reverend sacked over gay marriage stance not an employee: FWC

A Uniting Church reverend who received monthly payslips, superannuation contributions and Jobkeeper COVID-19 payments was not an employee capable of challenging his sacking for opposing same-s-x marriage, the FWC has found.


Employer cannot rewrite deal in its "afterlife": Bench

A FWC full bench has upheld a finding that Qube Ports cannot retrospectively vary expired agreements that no longer cover it in an attempt to avoid a major lawsuit over deductions of "gap" payments from up to 1000 wharfies' remuneration.


Gay worker not sacked for requesting parental leave: Court

A judge has rejected a sales director's claim that his employer sacked him within hours of him telling his manager he intended to take unpaid parental leave on the birth of his two surrogate children.


Email circumventing lawyers amounted to bullying: FWC

An accountant has won a rare interim anti-bullying order after the FWC agreed her employer "inappropriately" bypassed her lawyers by directly emailing a request that she attend a disciplinary meeting the following day.



Employer cannot dodge sharing worker details for PABO: FWC

In the latest of a rash of significant rulings on protected action ballots, the FWC's national practice leader for bargaining has insisted a bus company provide employee details despite its "uncommon concession" to rely on a union's database alone to develop a roll of voters.


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