Browsing: Court and tribunal decisions | Page 155 (4,721 items)


Tribunal's "colonial attitude" claim dismissed

A worker who claims FWC President Iain Ross admitted to having a problem with commissioners' "colonial attitude" has lost his Federal Court bid to sue the tribunal for racial discrimination.


FWC rejects employer's take on strike notification

The FWC has rejected an employer's bid to stop planned strikes at a $1 billion lithium plant, after finding that its interpretation of notification requirements would effectively shave a day off the protected period.


Nobody told us to resume considering appeal: FWC bench

A FWC full bench has taken a union and employer to task for failing to notify it to resume hearing the former's challenge to a contentious hospitality deal under which employees can work "voluntary" additional hours without penalties.


Bench rejects bid to quietly quash greenfields deal

John Holland's failure to identify the significance of a decision rejecting its earlier greenfields deal when applying to have an almost identical one approved "verged on misleading", a FWC full bench has held, quashing its approval while refusing to quietly do so "by consent".


Judge queries conflicting approaches to adverse action cases

A Federal Court judge, after identifying conflicting case law on how to assess employers' motives, has concluded that the ATO did not sack an auditor for complaining about "defamatory" claims that he told colleagues during office drinks that he would "f--k" his manager to get a promotion.


Sacked lawyer's vax status not a private matter: FWC

The FWC has tossed out an unfair dismissal claim from a government lawyer responsible for overseeing safe workplaces, finding he fully understood the seriousness of "wilfully and persistently" refusing to confirm his COVID-19 vaccination status.


Class action lawyers grilled over costs

The Federal Court has again rounded on class action cost estimates provided by Adero Law, this time rejecting submissions that it took 180 hours to prepare pleadings in its pursuit of the Drakes supermarket chain and suggesting that it might have breached the Legal Profession Act.


Air traffic operator's penalties sky high: Full court

A Federal Court majority has slashed by more than 65% penalties imposed on a government-owned organisation for breaching agreement obligations, finding them "manifestly excessive".


FWC rejects employer's "highly unusual" industrial action bid

The FWC has expanded on its reasons for rejecting an employer's request to terminate its own lock-out of workers so they could no longer take threatened industrial action, describing the "highly unusual" s424 application as inconsistent with the Fair Work Act's bargaining objectives.


Ross fires back over award "complexity"

A FWC full bench has marked the conclusion of the eight-year-long review of modern awards by seeking to rebut persistent claims that they are too complex for employers, observing that while "unpacking" clauses might add to their length, it has also provided greater clarity.


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