Browsing: Court and tribunal decisions | Page 192 (4,458 items)


Backpayments for early-starting working mother

A tribunal has ordered the ACT Government to re-credit more than 200 hours of personal leave to a worker who accused it of discriminating against her on the basis of her parenting responsibilities by refusing to let her start work before 7.30am.


Breakfast giant wins right to use external lawyer

The FWC will allow multinational cereal giant Sanitarium to lawyer-up to defend two unfair dismissal claims, noting it is "stressful enough" for an HR manager to be a witness without also representing the company, while its membership of an employer group is irrelevant.


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.


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