Browsing: Court and tribunal decisions | Page 178 (4,316 items)


FWC shoots down COVID-19 "one employer policy"

The FWC has shot down an aged care home's "one employer policy" introduced in the chaotic early days of the COVID-19 pandemic, ordering it to re-engage a part-time musical therapist jettisoned after she continued to work at three other facilities.


Worksite-specific contract didn't prevent move: Bench

An appeal court has quashed a finding that a disability service repudiated a worker's employment contract by relocating him following bullying complaints, holding the worksite specified in his letter of offer was not an "essential condition".


Partner's "thuggish" texts didn't warrant sacking: FWC

A barrage of "thuggish" texts sent by the partner of a worker alleging harassment and bullying did not justify her dismissal, the FWC has found, describing the employer's attempt to vacuum-seal its investigation of her claims as both unreasonable and unrealistic.


"Too old" worker wins exemplary damages

A building company that must pay $3000 to a construction worker for telling him he was too old for an advertised job, because he would be likely to have a heart attack, has been hit with a further aggravated damages payout due to a "derogatory" letter from its lawyers.


Qantas restraint case won't fly in Australia: Court

Qantas has suffered another blow in its bid to delay the date a former executive can start at Virgin, with an appeal court confirming a newer restraint measure does not override an "exclusive jurisdiction clause" requiring the case to be heard in Singapore.


Iraqi consulate took unlawful adverse action: Court

Iraq's Sydney consulate took unlawful adverse action when it refused to renew the contracts of two locally-engaged interpreters who complained to the FWC about bullying and enquired with the FWO about non-payment of entitlements, a court has found.


Scientist's redundancy a sad case of economic rationalism: Judge

A judge has taken an unsparing swipe at "economically rationalist management policy" in considering an eminent CSIRO scientist's challenge to his redundancy, bemoaning a selection process based on candidates' capacity for "external revenue generation".


BHP Coal slugged after "taking the odds" on overtime breach

A judge has in imposing penalties on BMA factored in that management overseeing one of its a coal-loading facilities "took the odds" after being warned they were breaching its agreement by requiring workers to perform 455 overtime hours a year.


MSD granted despite union rebuke over "defective" petition

The FWC has overlooked a union's "typographical error" in misnaming an employer opposed to its bid for a majority support determination, but not before castigating it for eating up the Commission's time by refusing to correct its mistake.



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