Browsing: Court and tribunal decisions | Page 199 (4,458 items)


Senior member fell into logic gap: FWC bench

An FWC full bench has found that a presidential member "Illogically" followed his ruling that a worker might not have been dismissed if fairly treated by calculating he would have worked just three more weeks if afforded due process.


Uninformed applicant helps employer win representation

The FWC has over the objections of a self-represented applicant granted ANZ legal representation in an unfair dismissal case, in part because of the former employee's "rudimentary" understanding as to how her case will proceed.


Casual categorisation not an "opening move": Workpac

Just as the Morrison Government's Omnibus IR Bill says a casual will be defined on the basis of their job offer, rather than subsequent conduct, the labour hire company at the centre of a landmark casuals case has told the High Court employment contracts must be decisive.


Dispute not our business: FWC bench

An FWC full bench has, in dismissing a former Ausgrid worker's appeal, expressed surprise that a presidential member elected to hear the matter in the first place, noting that the employer knew nothing of any dispute before she made the application.




BHP subsidiary undermining bargaining: FWC

A BHP subsidiary has been hit with a slew of bargaining orders after an FWC presidential member found it repeatedly shifted the goalposts over two years to delay making an agreement with coal mine supervisors.



Tribunal backs workers after virus-driven stand down

The FWC has ordered an aged care provider to restore leave days to employees it directed to stay away from work over COVID-19 transmission fears, observing "it's just the right thing to do".


Sacking upheld despite HR manager's "inept" process

The FWC has upheld an "inept" dismissal bereft of procedural fairness, finding it unlikely to have altered the result for a worker who swore, abused and tried to pick a fight with colleagues while on a warning.


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