Browsing: Court and tribunal decisions | Page 165 (4,316 items)


"Seems unjust", but worker two hours' short of protection: FWC

A small business that sacked a worker and sent him home less than two hours before he served the 12-month minimum employment period to qualify for unfair dismissal protection has successfully fended off his FWC claim.


Bench endorses employer's "commendable" sacking process

A FWC full bench has upheld a finding that a Toll health and safety representative was not entitled to be paid for attending the disciplinary meetings of another HSR, or grabbing a coffee after, and was after a "commendable" process rightfully sacked for falsifying his timesheets.


Sacking claim proceeds after HR manager "strung out" review

A defence contractor's people and culture manager "strung out" a worker who sought a review of his redundancy before finally confirming the employer's view was unchanged half an hour after the deadline for filing an unfair dismissal claim, the FWC has found.


Bench backs $200K payout for worker "mortified" by poster

A consultancy found jointly liable with Sydney Water for sexual harassment of a female employee when they displayed a suggestive safety poster has failed in an appeal court bid to have its responsibility reduced because, it claimed, its role had been limited to design and it had no connection to her workplace.


Bench upholds construction shiftwork ruling

A traffic management company seeking a deal paying night workers shift loadings instead of higher overtime rates even if they don't take over from a preceding shift has lost its appeal bid after refusing to give an undertaking to overcome the deficiency.


Bench rules on casual terms in awards

A five-member FWC full bench led by President Iain Ross has today largely confirmed its provisional views on casual terms in modern awards.


HR boss best placed to represent Officeworks: FWC

The FWC has rebuffed Wesfarmers subsidiary Officeworks' request that it be represented by law firm Freehills in a dispute with the SDA and has suggested, based on correspondence from the company, that its head of HR, Heidi Dorman, should appear.


Elite swimming coach covered by award: Appeal bench

A full Federal Court has opened the way for a former coach of national swimming champions to pursue a six-year underpayment claim after quashing a finding that an award did not cover his role as he was overqualified and worked at too high a level.


No adverse action where ignorant of rights exercised: Court

An employer has established it could not have taken unlawful adverse action after admitting it might not have sacked a geotechnician for poor attendance a day after she took personal leave if it knew of her illness.


FWC roasts "O'Brien way" of running business

A family-run venue management and catering business with thousands of workers and an "unsophisticated" and "impotent" HR function constructively dismissed its manager at a major stadium after issuing her two "entirely unsatisfactory" warnings for conduct that included requesting free tickets to a Geelong v Richmond AFL game.


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