Browsing: Court and tribunal decisions | Page 17 (4,278 items)


$50K fine after lawyer forced to work unreasonable hours

A law firm that forced a solicitor to work "self-evidently excessive" hours and "deprived her of any form of personal autonomy or agency without any rational justification" has been ordered to pay her $50,000 in fines and interest.


HR practitioner's confidentiality failure justified sacking

The FWC has found it "fanciful" to suggest that an employer might allow a HR professional to send extensive confidential information to his personal email address without authorisation, ruling his serious misconduct warranted dismissal.


"Bungled" hiring process not enough to reverse decision

A tribunal has pilloried a government department's efforts to fill a vacancy after observing that a senior nurse encouraged to apply had the role plucked away from her following the "catastrophic collision" of three internal processes.


"Offboarded" labour-hire worker not dismissed

"Offboarding" a worker and processing her "final pay" before she went on holiday did not amount to a termination of employment, the FWC has ruled, because although the term "superficially" indicates dismissal, the worker failed to consider the circumstances of her labour-hire arrangement.


"Renewed" negotiations render IBD bid premature: FWC

The FWC has rejected an individual bargaining representative's bid for an intractable bargaining declaration after finding negotiations with a major transport operator have merely "stalled" and are not yet at a stalemate.


FWC greenlights pregnant lawyer's too-early GP claim

A pregnant lawyer who filed her adverse action application before her dismissal took effect will get a chance to pursue her claim, after the FWC waived the "irregularity" to save both parties the cost and time involved in dealing with a fresh application that would have been filed late.


IR department not required to disclose internal documents

Queensland's Industrial Court has upheld a finding that an investigator's report and a lawyer's advice on a senior Office of IR employee's conduct attracted legal professional privilege and the employer did not waive it.


Casual's "small window" of availability justified sacking: FWC

A casual Coles worker with limited availability has failed to overturn his sacking following a hiatus of more than three months, but the FWC says the store manager should have taken an additional step before dismissing him.


Permits granted after administrator derides "clowning"

A FWC presidential member has set out the extent to which he considers untested allegations should influence issuing of entry permits, while considering evidence that included CFMEU construction division administrator Mark Irving KC accusing a site manager of "play acting" in a confrontation with a union official captured on video.


Redundancy pot of gold halved

A listed gold producer has succeeded in halving a mine caretaker's redundancy pay after the FWC found that it trimmed the "uncomfortable" responsibilities in a proposed alternative role to the point where it almost mirrored his existing job.


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