Browsing: Court and tribunal decisions | Page 188 (4,551 items)


New powers needed to deter serial litigants: FWC bench

An FWC full bench has called for the Commission to win stronger powers to curb "serial litigation", after it awarded indemnity costs against a worker who sought to overturn a failed four-year-old reclassification ruling.


First conversion dispute ruling finds worker ineligible

A WA TAFE worker among the first out of the blocks to test the Fair Work Act's new casual conversion provisions in the FWC has lost her bid to have the tribunal deal with her permanency dispute because she does not work for a national system employer.


Bench rejects RAFFWU's Coles majority support bid

An FWC full bench has refused RAFFWU leave to appeal a finding that petitions showing almost 100% of 2000 participating Coles workers want to bargain are not enough to make a majority support determination.


Mental health condition warrants extending time: FWC

An Uber driver accused of deliberately driving into a customer has won extra time to file an unfair dismissal claim after the FWC accepted suicidal ideation and mental incapacity following his shunting from the platform amounted to exceptional circumstances.



"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.


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