Browsing: Court and tribunal decisions | Page 132 (4,458 items)


Telstra technicians cannot knock back shiftwork: Tribunal

The FWC has in upholding Telstra's right to trim costs by changing shift arrangements for its most experienced technicians suggested it review its HR practices to avoid confusion when such variations are made in future.


Mobile ban hindered union official: Court

A court has found that a union official needed to bring his phone onto a worksite to protect the rights of employees he represented, ruling that a meat processing company unlawfully hindered him by refusing entry unless he surrendered it.


Taxpayers' bill for Ovato liquidation rises after tribunal ruling

A long-serving former employee of a company that deliberately restructured to offload severance obligations onto the publicly-funded FEG scheme has had his redundancy payout substantially increased, after the AAT ruled that a "grand chapel" deal with the AMWU "grandfathered" generous provisions in an earlier enterprise agreement.


Rehearing for worker sacked after non-existent policy breach

A foreign exchange dealer sacked after unwittingly becoming entangled in a $23,000 fraud will have his unfair dismissal case reheard after a FWC bench agreed a tribunal member found him in "serious breach" of a company policy that did not exist.


Plain English awards makeover almost complete: Bench

With the finish line in sight for the FWC's seven-year "plain language" transformation of its 120-plus modern awards, a full bench says the process is nevertheless an "ongoing exercise" and parties can seek at any time to address ambiguities and uncertainties in the instruments.


Firm's costs estimate a "particularly serious" breach: Judge

A law firm found to have breached the Legal Profession Act when estimating costs says it will challenge a 25% deduction to the sum it claims after settling one of several no win, no fee retail workers' class actions, arguing also that proposed exemptions for litigation funding schemes are unlikely to improve the plight of those who are underpaid.


COVID-19 fear around IVF treatment not exceptional: FWC

An Australian Criminal Intelligence Commission employee seeking to combine working from home and carer's leave to avoid COVID-19 while he and his endometriosis-suffering wife undergo IVF treatment has failed to establish his circumstances are exceptional under the agency's agreement provisions.


Fingerprint expert reinstated after fall-out from husband's affair

A Victorian Police fingerprint expert has been reinstated after the FWC found her dismissal for "deceitfully" calling her detective husband's ex-lover during work hours both disproportionate and harsh in terms of its financial impact.


Mask failure did not justify summary sacking: FWC

An employer had no basis for summarily dismissing a real estate employee who tested positive for COVID-19 five days after ignoring directions to wear a mask when inspecting the property of an aged care worker, the FWC has found.


Sacked safety manager alleges "covert influence" of CFMMEU

A court has rebuffed a safety manager's attempt to unearth physical evidence that Watpac sacked him as a result of union pressure rather than for allegedly instigating anonymous threats to a CFMMEU delegate and his partner.


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