Browsing: Court and tribunal decisions | Page 213 (4,458 items)


Tirade against manager no justification for sacking by email

The FWC has reminded employers that when it comes to dismissals, even "difficult" workers are entitled to natural justice, awarding compensation to an employee summarily sacked by email after repeatedly abusing his manager.


Employsure business model gets tick from court

The ACCC's five-pronged case against Employsure over alleged misrepresentations and unfair contracts has been tossed out, the Federal Court crucially accepting that its target audience is confined to employers rather than a broader category including workers.


Union botched employee's pandemic-related redundancy: FWC

The FWC has taken the TWU to task for botching the redundancy of a long serving Victorian/Tasmanian industrial administrator, sacked on the spot to cut costs in the early days of the coronavirus pandemic.


Court invites re-pleading after "ill-expressed" claim struck out

The Federal Court has struck out a doctor's statement of claim accusing the Department of Health of adverse action, discrimination, stalking and torture, also removing a pause on her possible dismissal over alleged code of conduct breaches.



FWC rejects union's "preposterous" conspiracy theory over deal

The FWC has in approving an agreement voted up by two of three workers accepted the employer's claim that union opposition was premised on a "preposterous" conspiracy theory that it manipulated the process by making two CEPU members redundant during negotiations.


FWC extends time after "true hardship"

A senior FWC member has extended time for an unfair dismissal claim for a retail worker dealing with domestic violence, illness, homelessness and a lack of funds, acknowledging her "true hardship, genuine struggle the likes of which I do not often see".


FWC backs BHP's expulsion of defecating worker

The FWC has upheld BHP's sacking of a mineworker who twice defecated in an active drill hole, despite finding it unavoidable on one occasion due to his urgent and explosive diarrhoea.


Bench partially upholds disbarred lawyer's appeal

An FWC full bench has held that it is not empowered to rule on a disbarred lawyer's claim that a senior member is unfit to hold office, but has remitted his unfair dismissal case to another member after finding he was denied procedural fairness.



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