Browsing: Court and tribunal decisions | Page 208 (4,667 items)


Second-time-around sacking unfair without fresh evidence: FWC

A government agency has been ordered to reinstate a worker dismissed a year after it attributed a workplace vehicle collision to "human error", the FWC finding it had produced no further evidence to warrant the change of heart.



FWC saves "threatening" worker's bacon

The FWC has reinstated a bacon worker, after holding it was not threatening to say she felt like knocking a colleague off her perch, while finding the employer contributed to their stress, denied her procedural fairness and had a tendency to exaggerate evidence.


Full court backs permanent stay on lawyer's discrimination claim

A full Federal Court has today upheld a permanent stay on an openly gay solicitor's discrimination and harassment case, after he refused to undergo a psychiatric examination paid for by his firm and performed by a specialist of its choosing.


Telstra made fair call on safety rep's redundancy: FWC

The FWC has found a Telstra HR specialist properly handled an OHS representative's challenge to his retrenchment, despite the CEPU contending his selection was "infected by bias" due to his role and a history of interpersonal conflict with his manager.


Senior IR lawyer wears costs for failed appeal

The principal of a specialist IR law firm has been ordered to indemnify the costs of a failed appeal after a court found the application "ought never to have been made" if he had heeded his statutory obligation to conduct quick and inexpensive litigation.


Supervisor allegedly wanted $50K to disappear "quietly"

The FWC has upheld the sacking of a traffic management supervisor who allegedly directed his union representative to ask for $50,000 to "go away quietly" after the employment relationship was soured by his refusal to be on-call on weekends.


Deal termination rejected despite no work

In a significant decision on the definition of an employee, the FWC has rejected a pharmaceutical manufacturer's bid to terminate its agreement after finding that the vast majority of workers laid off after a factory fire had not been invited to vote on the proposal.



"Death row" manager's late application dismissed

A manager placed on "death row" after missing sales targets has had his one-minute-late unfair dismissal application rejected despite the FWC finding he had an arguable case.


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