Browsing: Court and tribunal decisions | Page 116 (4,496 items)


Employers warned over redeployment "prejudices"

An employer has failed to establish that it genuinely made a software engineer redundant, in part because it should have offered her a lower-paying job available at a related entity in India.


Unconscious bias ruling upheld on appeal

Victoria's appeal court has upheld a ruling that an employer treated a manager unfavourably because of her s-x, when it ignored her repeated attempts to negotiate over-agreement pay rates, despite affording higher rates to male colleagues.


Green light for 'retrenched' political candidate to sue investment bank

A NSW Greens candidate has won extra time to pursue an investment bank with a former Coalition IR Minister on its board, after it allegedly refused his parental leave application and retrenched him after he ran for local government and inquired about his rights.


"Ostrich-like" lawyer denied second bite at case

A criminal lawyer with an "ostrich-like" attitude has failed to convince a judge to reconsider a default judgment ordering him to pay two former employees penalties, costs, long service leave and super totalling more than $70,000.


FBT payments not earnings: FWC

The FWC has ruled that an employer's once-yearly payments to a worker to reduce his fringe benefits tax liability are not counted as earnings, clearing the way for him to pursue an unfair dismissal claim because his remuneration is below the high-income cap.


Bench refuses to spike unvaxxed worker's tardy dismissal claim

A NSW IRC full bench has quashed the rejection of an unvaccinated worker's bid for a one-day extension to challenge her sacking after a commissioner found it would cause prejudice and that she has little prospect of success, based on arguments her employer did not make.


FWO cleared to continue ABCC's waterfront case

A judge has overcome his irritation at being asked to rule on an "arid debate" to find the now-defunct ABCC did not exceed its powers when it initiated its first case against the CFMMEU's maritime division over alleged death threats against workers attempting to cross a picket line.


Bench slams gate on extra duties

In a decision closely examining when employees can be directed to perform extra duties, a FWC full bench has ruled that a maintenance worker could refuse to remotely monitor an automated gate at a gas supplier's facility.


FWC tells AWU to lift its game

The FWC has extended time by 48 days for a Qantas engineer to challenge his sacking after "particularly egregious" errors by the AWU, telling the union it should take immediate steps to ensure officials are equipped to provide a professional level of representation.


Adverse action case to proceed after departure gate dumping

The FWC has refused to throw out an allegedly out-of-time adverse action case, ruling a FIFO worker only learned he had been sacked when told he had been left off the list of passengers due to board a plane to the worksite.


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