Browsing: Court and tribunal decisions | Page 262 (4,304 items)


Fine calculations put dismissed manager $315 over income threshold

The FWC has thwarted a manager's unfair dismissal claim by assessing his earnings as $315.02 above the high income threshold, rejecting his arguments that his car allowance, annual leave loading and mobile phone should be excluded from the total.



Unintentional, but irregular worker was an employee: FWC

In the latest ruling on the distinction between independent contractors and employees, the FWC has found that a graphic designer whose hours for related small employers were "negotiated" on a weekly or fortnightly basis over almost three years was capable of being dismissed.


FWO hit with costs order after shipping case runs aground

The FWO must pay half the legal costs of a Norwegian shipping company accused of short-changing 60 crew, the Federal Court chastising the watchdog for "doggedly" pushing to hold it liable even though it already repaid them, fully cooperated and could not have known of the contraventions.




Member's reasoning on uni sacking "self-evidently flawed": Bench

An FWC member was "clearly wrong" in concluding a university maintenance worker's threatening behaviour that included driving dangerously on campus fell short of that relied upon by his employer for dismissal, a full bench declared in overturning her finding of harshness.




Have a heart, says full bench

An FWC full bench has upbraided a member for "inviting" an employer to seek to strike out an unfair dismissal claim after the employee failed to follow directions, holding that he didn't meet deadlines due to his baby son's medical condition, which required heart surgery.


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