Browsing: Court and tribunal decisions | Page 207 (4,551 items)


Include 25% casual loading in FEG payout: Court

In what the CFMMEU is hailing as another win in a similar vein to the landmark Skene and Rossato rulings, the Federal Court has overruled the Attorney-General's Department's "parsimonious" refusal to include a 25% casual loading in a mineworker's FEG payout.


Consultation required before coronavirus layoff: FWC

A Melbourne hotel that claimed an inability to engage in face-to-face discussions before making a chef redundant during the city's second COVID-19 lockdown must compensate her for unfair dismissal, after falling foul of award consultation obligations.


Worker should have raised concerns with HR, investigator: FWC

In throwing out a constructive dismissal claim, the FWC has rejected a former Westpac employee's allegation that a "complicit" bank executive undermined the legitimacy of an investigation that exposed "kickbacks" she received for referring customers to an external broker.



Bench takes issue with counting dole in payout

In a significant decision on calculating compensation for unfairly dismissed workers, an FWC bench has concluded that a presidential member failed to properly account for JobSeeker payments or fully articulate the reasoning behind her final figure.


Law firm wins costs against partner who claimed s-x bias

The Federal Court has ordered costs against a lawyer denied leave to pursue a s-x discrimination claim, finding she did not establish a reasonably arguable case that a law firm used bullying allegations to oust her as a partner because she was a "strong female leader".



FWC lacks power to reinstate unwanted on-hire worker: Bench

In a significant decision on FWC powers, a full bench has found the tribunal could not force a labour hire company to reinstate a worker to his former job at client Carlton United Breweries, given the beer giant was contractually entitled to order his removal.


Unions left stewing as another Aldi deal approved

Aldi has overcome union resistance to lock in another four-year deal at a major distribution centre by again terminating a contentious earlier agreement more than two and a half years before its nominal expiry.


Tribunal finds fault with major builder's HR processes

The FWC has upbraided construction company Hansen Yuncken for its "callous" and unfair sacking of a "naïve" trainee who nonetheless provided it with a valid reason by insisting on indefinite unpaid leave to avoid lengthy public transport commutes during COVID-19.


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