Browsing: Court and tribunal decisions | Page 13 (4,354 items)


Impact on career warrants extension: FWC

The FWC has agreed to hear a bank employee's late challenge to his sacking for allegedly fraudulently disputing a credit card transaction, accepting sufficient doubts surrounded his intentions, the connection to work and the fairness of effectively ending his chances of ever landing a job in the industry again.


Mineworker reinstated after email stuff-up

A mineworker has won reinstatement after her sacking for revealing the email addresses of 850 workers in a fundraising blast, the FWC warning employers in the process about the need to maintain distance between dismissal decision-makers and those "involved directly in the facts" of a matter.


Take psychiatric test or risk case: Court

A law firm has won court backing to have a psychiatrist assess whether its client is legally fit to pursue her attempt to overturn the rejection of her race and s-x discrimination case, held up by a judge as demonstrating "the perils of litigating hurt feelings".


WFH "preference" doesn't cut it with FWC

The FWC has made it clear that a "mere preference" for working at home without providing sufficient evidence of responsibilities or needs will not pass the first hurdle for a flexible work order.


Late switch fails to defeat SJSP bid

A last-minute shift to direct employment for on-hire workers of one labour supplier at a major abattoir chain has failed to stymie the meat union's bid for same-job, same-pay orders.


Directors did not criminally exploit FEG scheme: Court

An attempt to warn companies away from the exploding Fair Entitlements Guarantee scheme has fallen flat, after an appeal court found that two directors of an ailing business committed no crime by allegedly hoping liquidators would access taxpayer funds to pay out 58 former employees.


FWC bench overturns truck driver's dismissal

A FWC full bench has reinstated a rubbish truck driver sacked for a low-level alcohol reading, finding that the initial decision relied on reasons the employer had not put forward, without considering whether the driver had an opportunity to respond.


SDA aims for McDonald's with the lot

The SDA has lodged a new supported bargaining application seeking to cover 115,000 McDonald's workers across the country, off the back of its recent win in South Australia.


Last-minute difficulties don't warrant extending time

The FWC has refused to extend time for a worker who attempted to file his unfair dismissal claim two hours before the deadline, finding that by waiting until the last minute, he risked encountering technical difficulties.


Conduct went beyond "alarm bells" to "veritable sirens": FWC

The FWC has ordered reinstatement for a professor who sent "intimate and romantic" messages to a student, including a photo of himself in his boxers, finding that his seven-year unblemished record since his recently-uncovered relationship mitigated his behaviour.


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