Browsing: Court and tribunal decisions | Page 2 (4,354 items)


Deficient harassment probe forced resignation: FWC

"Serious" flaws in an employer's s-xual harassment investigation, in tandem with its expectation the worker would continue working alongside her alleged harasser, forced her to resign, the FWC has found.


"Newborn" limitation excludes worker from PPL

The FWC has today ruled a paramedic ineligible for primary carers' parental leave to tend to for his six-month old baby, because the enterprise agreement covering him only enables carers of newborns to access the entitlement.


"No bias" in holding 200 of 1.22 billion Woolies shares

A commissioner who holds 200 Woolworths shares has refused to recuse herself from an anti-bullying case involving the supermarket giant, because the amount of shares she owns is insignificant.


Three-day-week for "recovering" worker not bullying

The FWC has rejected a bullying complaint after finding the Department of Finance put the worker on a three-day week, while he recovered from a previous "toxic" job, so he could spend the other two days "trying to resolve his workplace grievances".


"No reverence" for directions as self-representation rises

A senior FWC member has rejected a costs claim, observing that with rising numbers of self-represented applicants using the tribunal to pursue grievances, its directions are "not always treated with the same reverence and compliance" as in other forums.


Bench takes chisel to sculpture festival sacking

A FWC full bench has quashed a finding that Bondi's iconic Sculpture By the Sea event did not sack an art installer, finding a manager's email calling for a "pause on our working relationship" conveyed an intention to terminate his employment.


FWC rejects ASU's retreaded SCHADS proposal

The FWC has resoundingly rejected the ASU's proposal to hear its SCHADS award work value case alongside the Commission's gender undervaluation review.


End of line for MP's advisor who went "nuclear"

A former parliamentary officer who took a "shock and awe" approach and went "nuclear" after a federal MP made him redundant post-election has lost his bid to pursue an adverse action case in tandem with a discrimination claim.


Psychic didn't foresee employment status glitch

A psychic reader who earned just $25 in the final 12 months he worked on an online platform and regularly failed to meet its minimum hours of work requirement is unable to pursue his unfair dismissal claim after the FWC held he is an independent contractor.


First pay win for platform worker

In a crucial unfair deactivation ruling, a FWC full bench has rejected Uber's argument that its voluntary reactivation of a driver extinguishes the Commission's jurisdiction, ruling that the tribunal has the power to restore his lost pay and app access, but not to remove a negative review.


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