Browsing: Court and tribunal decisions | Page 127 (4,721 items)


Casual caught up in "pool cleaning" was sacked: FWC

A charity did not "intend" to sack a casual carer seeking to resume shifts after recovering from a back injury, but its dithering and poor communications nevertheless "had that effect", the FWC has found.


Blank form a valid application: Tribunal

In a significant decision on what constitutes a valid application, the FWC has allowed a general protections claim to proceed despite the worker submitting a blank form.


FWC entitled to extend strike ballot deadlines: Bench

The FWC is not acting beyond its powers when it allows extra time for compulsory conciliation meetings when setting protection action ballot deadlines, a full bench has concluded.


$44K payout after reasonable adjustments failure

A heavy vehicle diesel mechanic who suffered a non-work-related wrist injury has won $44,000 in damages after his employer failed to offer reasonable adjustments and made "clumsy" and "ill-informed" attempts to re-engage him while awaiting "full clearance".


Failure to confirm dismissal counts against employer

The FWC has extended time for a worker to lodge an adverse action case after he mistakenly filed an unfair dismissal claim, finding his refusal to sign his employer's letter terminating his employment did not excuse its subsequent failure to provide written confirmation.


Employer not liable for tortious urination incident

The High Court has held that an employer is not vicariously liable for an injury to a resort worker from his colleague urinating on him after returning drunk to a studio they had to share.


Court stays silica dust case until FWC ruling

The AWU's pursuit of fines against builders John Holland for allegedly denying an official lawful access to test silica dust levels on Australia's biggest road project has been put on hold, after a judge accepted that the FWC is the best forum to quickly determine entry rights when workers' health is potentially in jeopardy.


Umpire roasts Qube for backtracking on deal

The FWC has panned rail operator Qube for "reneging" on an in-principle enterprise deal with the RTBU, after rejecting the union's bid to terminate industrial action that allegedly presented a threat to community safety and welfare.


Stressed worker's resignation should have been questioned: FWC

One of the world's largest gold mining companies should have taken a worker's stress levels into account before accepting a resignation prompted by an allergic reaction to eating a cake's icing, the FWC has found.


RAFFWU secures "historic" ballot for Woolies strike

The FWC has cleared the way for RAFFWU to ballot its Woolworths members on whether to take multiple forms of industrial action and will require the supermarket giant to attend a conciliation conference next Wednesday in what the unregistered union says is a "historic" win.


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