Browsing: Court and tribunal decisions | Page 129 (4,721 items)


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.


$200K payout after "deliberate" shop steward sacking

A court has ordered an employer to pay more than $200,000 in compensation and penalties for its "deliberate" sacking of two delegates, finding that the dismissals signalled to other employees that engaging with unions could have "serious consequences".


Big W worker sacked for stealing and "farrago of lies": FWC

The FWC has upheld the dismissal of a Big W employee sacked for colluding with his mother to steal a $400 hard drive, and then fabricating "a false and misleading story in an attempt to cover up his behaviour".


Commission dashes DoorDasher's hopes

In finding a DoorDash food delivery driver is an independent contractor, the FWC has held that the "issues of control, delegation and equipment" are almost identical to that in a landmark ruling involving the now-defunct Deliveroo platform.


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