Browsing: Court and tribunal decisions | Page 177 (4,551 items)


FWC approves use of failed bullying case material in court matter

A FWC presidential member has over the objections of an ASX-listed company permitted a portfolio manager to use confidential material from his failed bullying matter in a Federal Court adverse action case brought against his former employer.


Worker reinstated after employer's "grossly disproportionate" action

The FWC has ordered NSW Trains to reinstate a health and safety representative who told his supervisor to "get f-cked" and said he was trying hard not to punch him in the face, while it has pilloried the employer for adopting a "grossly disproportionate" approach to his outburst after ignoring his concerns.


Rapid FWC response crucial in COVID-19 survival strategy: Paper

Australia had less need than other countries to turn to legislation to provide short-term workplace flexibility in response to COVID-19 because of "swift" and "bold" yet self-restrained interventions by the FWC, according to new research.


RFS told to reconsider stressed veteran's leave request

A tribunal has ordered the NSW Rural Fire Service to revisit its rejection of a senior manager's request for a year's leave to recover from the devastating 2019-20 bushfire season, while acknowledging concerns about a leadership void for the approaching summer and urging it to extend its search for a temporary replacement.


Costs against "impossible" delegate who sought $500K settlement

A RTBU delegate dismissed after managers found him "impossible" to deal with has been ordered to pay his employer's costs of defending his unsuccessful adverse action case, in which a judge found he unreasonably rejected settlement offers despite clear evidence he would never be reinstated.


Mining vax mandate; Rioters facing expulsion; & more

Vaccination mandate for WA resources sector; CFMMEU preparing to expel rioting members; FWO claws back underpayments for hotel quarantine security guards; High Court to consider jurisdictional question.


Employer hits "absolute barrier" to legal representation

In a decision further clarifying when clients can be legally represented in workplace matters, a Queensland IRC member has confirmed he has no power to involve lawyers in underpayment cases.


Public purse should cover delayed commissions: AAT

The AAT has found a real estate agent eligible for FEG payments reflecting the balance of sales commissions even though they became payable on the post-administration settlement of properties, quashing an Attorney-General's Department decision to the contrary.


Flexible arrangement ultimately untenable for employer: FWC

The FWC has upheld a construction company's dismissal of a receptionist who juggled work with caring for a grandson with special needs, finding the small business was "exceptionally flexible and considerate" but the situation became untenable.


FWC snarls at Unfair Dismissal Australia's "all bark, no bite" model

The FWC has awarded costs against IR advisor Unfair Dismissals Australia for its "delinquent" representation of a dismissed accountant, observing that a paid agent "should never be a bystander or passenger in the conduct of their client’s case".


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