Browsing: Court and tribunal decisions | Page 140 (4,721 items)



Video evidence not the post-pandemic norm: tribunal

In ordering a witness to attend a hearing in person, a NSW IRC member has highlighted "real pitfalls when evidence is not given in person" and emphasised that despite the widespread acceptance of virtual appearances at the height of COVID-19, there is no "presumption in favour of granting an order that evidence be given by [audio-visual link]".


Full court blows hole in states' LSL cases

A Federal Court majority has today dealt a hammer blow to NSW's and Victoria's pursuit of employers alleged to have avoided long service leave entitlements to casuals, ruling that a tribunal's reading of the Fair Work Act's LSL provision produced an "absurdity" whereby employers received "no warning" they could be held criminally liable for supposed non-payments.


Police prosecutor's WFH case dismissed

A prosecutor who says working from home one day a week improves his mental health has failed to budge Queensland Police's rejection of his flexibility request, with a tribunal supporting its contention that his best bet might be seeking a "suitable duties" plan.


Malware glitch warrants extending time: FWC

The FWC has granted an extension of time for a unfair dismissal application sent six days late because the worker's computer was infected with malware.


FWC put clamps on old Coles Express deal

The FWC has speculated that an energy company in the midst of a $1.5 billion buying spree "presumably has a contingency plan in place" after rejecting its bid to have thousands of new employees covered by a 12-year-old deal that would leave some on below-award wages.


Qantas High Court hearing on the runway

The Flying Kangaroo's crucial High Court challenge to the finding that it took unlawful adverse action against 2000 former ground crew when it rejected a TWU in-house tender and outsourced their jobs is set to be heard next month.


Court extends time after lawyer's last-minute filing failure

A worker has won an extension of time due to representative error, after her lawyer tried and failed to make an electronic general protections claim to a court just 10 minutes before the deadline, and only re-filed an acceptable application 16 days late.



FWC rebuffs alleged bully's bias claim

A senior FWC member accused of trying to intimidate a company director during conciliation, descending into the arena of advocacy and stating that he engaged in sexual harassment has refused to recuse herself from hearing an anti-bullying claim against him.


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