Browsing: Court and tribunal decisions | Page 173 (4,458 items)


Worker's quest for employee status fails a third time

The self-described former general manager of a "car solutions" company has failed at his third attempt to persuade a court that he was an employee rather than a contractor, a judge observing that it nowadays takes little more than a laptop to conduct a "modest" business within a business.


Lecturer wins 'cancel culture' appeal

In a significant ruling on academic free speech, a university lecturer has been given a second chance to challenge his sacking for superimposing a swastika on an Israeli flag after a full Federal Court found insufficient weight had been attached to an agreement's 'intellectual freedom' clause.


Air traffic operator's 'policy' arguments don't fly: Court

The Federal Court has for the second time this month found that government-owned Airservices Australia failed to meet agreement obligations to consult over changes affecting air traffic controllers, despite its "valiant" attempt to distinguish between 'policies' and 'procedures'.


Lawyer permitted in anti-bullying case to avert "scarring"

The FWC has granted external legal representation to an employer and one of its employees accused of bullying involving s-xual impropriety, after differentiating between matters where allegedly bullied workers are still employed and dismissal cases where in-house representatives can argue for the employer "as fiercely as they see fit".


Full court formally declares Employsure conduct misleading, deceptive

A full Federal Court has today made a formal declaration that IR advisor Employsure made false or misleading representations via its advertising on Google that it had government sponsorship or approval, after this month's crucial liability ruling.


Twiggy's HR team used defunct email to sack worker

The failure of a major mining company's HR department to delete a worker's old email address despite constant reminders led to notice of his sacking remaining unopened for 20 days, the FWC has found.


Qantas fails to narrow scope of outsourcing judgment

The Federal Court has today declared that its ruling last month in favour of a TWU adverse action claim against Qantas over the outsourcing of ground handling at 10 ports applies to all employees, not just union members.


NRL bubble no excuse for late application: FWC

An "overwhelmed" manager caught up in her husband's hurried relocation to an interstate NRL bubble has been refused a six-hour extension to contest her redundancy, despite the FWC finding she had an arguable case.


PABO questions trimmed over union objections

A FWC member has sailed past a union lawyer's caution not to interfere in the wording of a proposed strike ballot, finding that an "ambiguous" question should be deleted to avoid perplexing employees voting on it.


Deal approved despite union hints of corporate "ruse"

The FWC has rejected the CFMMEU's attempt to intervene in the approval of a two-worker deal it had no history of involvement in, dismissing concerns that the agreement was as part of a corporate "ruse" designed to cover employees of the business's far larger parent company.


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