Browsing: Court and tribunal decisions | Page 16 (4,214 items)


Workplace safety regulator free to grill witness: Tribunal

A tribunal has rejected a bid by the NSW Department of Education to block SafeWork from cross-examining a witness and from relying on previously redacted evidence on the basis of public interest immunity.


Secrecy would foster worker-manager exchanges: Employer

The FWC has rebuffed an employer's bid to suppress the identities of employees cited in a manager's witness statement for an intractable bargaining case, after highlighting that they had not sought that their conversations or names be kept secret.


Lawyer to pay costs after discontinuing six-year case

A tribunal has ordered a lawyer to pay more than $41,000 of the $371,000 in costs Legal Aid Queensland accrued in defending her "protracted" discrimination and victimisation claims, finding her legal knowledge and lack of supporting evidence justified an order against her.



"Clunky, hybrid form of performance management": Tribunal

Using suspension powers to compel a clinical nurse with a career spanning 60 years to work day shifts was unfair and unreasonable as it conflicted with her caring duties, while also being unintentionally "quite cruel", Queensland's IRC has found.


Right to request flex work overrides agreement terms

The FWC has upheld a worker's flexible work request after his employer ended an informal 13-year arrangement, in a decision reaffirming the precedence of the NES, even when it is inconsistent with the terms of an enterprise agreement.



7% above-award rates fail to offset lower penalty rates

A FWC presidential member has clarified the Commission's "global" approach to the BOOT and warned that agreements that pay only slightly above-award will attract greater scrutiny, in rejecting a West Australian coffee chain's proposed agreement.


Casuals headcount sinks offshore deal

In a significant use of the Fair Work Act's new casual definition, a FWC presidential member has refused to approve a multinational company's offshore deal after finding the vote "mathematically unsafe".


Former Labor MP rejects bias claim in RLHA case

Tensions in the FWC's continuing consideration of regulated labour hire arrangement orders in the mining industry have spilled into view, former federal Labor politician and current tribunal deputy president Terri Butler having to fend off a recusal application citing her supposed "prosecution" of "same job, same pay" policies while in Parliament.


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