Browsing: Court and tribunal decisions | Page 19 (4,214 items)


Move to Canada broke employee bond: FWC

In what might stand as one of the last FWC cases relying on the High Court's 2022 Personnel decision to establish whether a worker is an employee or an independent contractor, the tribunal has rejected a manager's claim that she maintained the same role at a fintech company despite resigning and signing a contractor agreement as part of a move to Canada.


FWC member "precipitously" binned case: Bench

A FWC full bench has found a presidential member denied two workers procedural fairness when he took the "precipitous step" of dismissing their general protections applications before they received his email warning he might do so because of their failure to lodge submissions in reply.


Return-to-office direction not bullying: FWC

An executive on workers compensation for a "psychological injury" related to a stumble and strain while working from home has failed to secure stop-bullying orders against her employer and a HR business partner or establish they put her at risk by asking her to return to the office following a domestic violence incident.


"Revelation" about sacking leads to $30K compensation

An employer must pay more than $30,000 compensation to a manager sacked over suspicions that he was taking it for a ride over sick leave, a fact only revealed under questioning by a FWC member.


Burlesque performer forced out of "dream job": FWC

An employer forced a burlesque performer to resign from her "dream job" as a result of its late payment of wages and the business's "persistent disorganisation", the FWC has found.


Funding changes not driven by demerger attempt: Full court

The continuing power struggle between the RTBU's Victorian branch and the leadership of its locomotive division has again played out in court, division secretary Paris Jolly failing on appeal to prove that the union took adverse action against him because of an unsuccessful demerger attempt.


Government fails to stop detention centre strikes

The UWU has defeated a federal government attempt to end strikes by Serco employees running immigration detention centres, after the FWC found it not unusual for detainees to climb on roofs, set off fire alarms or endure brief lockdowns, as occurred during the industrial action.


Comment invited on WFH surveys

Interested parties have until 4pm next Monday to comment on draft employer and employee surveys commissioned as a key component of the FWC's bid to develop an award clause removing impediments to working from home.



Commission's "misinterpretation" explains late claim

A FWC employee should have consulted a Commission member before providing incorrect advice that resulted in a worker filing his general protections claim a month late, the tribunal has found.


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