Browsing: Court and tribunal decisions | Page 115 (4,317 items)


Judge queries conflicting approaches to adverse action cases

A Federal Court judge, after identifying conflicting case law on how to assess employers' motives, has concluded that the ATO did not sack an auditor for complaining about "defamatory" claims that he told colleagues during office drinks that he would "f--k" his manager to get a promotion.


Sacked lawyer's vax status not a private matter: FWC

The FWC has tossed out an unfair dismissal claim from a government lawyer responsible for overseeing safe workplaces, finding he fully understood the seriousness of "wilfully and persistently" refusing to confirm his COVID-19 vaccination status.


Class action lawyers grilled over costs

The Federal Court has again rounded on class action cost estimates provided by Adero Law, this time rejecting submissions that it took 180 hours to prepare pleadings in its pursuit of the Drakes supermarket chain and suggesting that it might have breached the Legal Profession Act.


Air traffic operator's penalties sky high: Full court

A Federal Court majority has slashed by more than 65% penalties imposed on a government-owned organisation for breaching agreement obligations, finding them "manifestly excessive".


FWC rejects employer's "highly unusual" industrial action bid

The FWC has expanded on its reasons for rejecting an employer's request to terminate its own lock-out of workers so they could no longer take threatened industrial action, describing the "highly unusual" s424 application as inconsistent with the Fair Work Act's bargaining objectives.


Ross fires back over award "complexity"

A FWC full bench has marked the conclusion of the eight-year-long review of modern awards by seeking to rebut persistent claims that they are too complex for employers, observing that while "unpacking" clauses might add to their length, it has also provided greater clarity.


Union deal impeding permanent roles, claims government

The NSW Perrottet Coalition Government is blaming a union-negotiated staffing agreement for hampering its ability to offer permanency to temporary teachers, as both it and NSW Labor promise to convert 10,000 to permanent roles.


FWC reinstates transport worker who hugged Year 8 student

A Sydney Trains employee has won his job back after he was initially convicted of assaulting a Year 8 student by hugging and kissing her on a platform, the FWC first seeking feedback on whether to move him to another station or role.


Pandemic no "stalking horse" to undermine rights: Court

In a detailed examination of a major government department's early response to the COVID-19 pandemic, the Federal Court has rejected union claims that a hastily-conceived working from home policy breached existing arrangements and consultation requirements.


Entry permit granted after weighing historic domestic assault

The FWC has granted an entry permit to a TWU organiser after accepting evidence of his having "turned his life around" since his conviction for assault, stalking and breaching AVOs during a "difficult" marriage breakdown.


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