Browsing: Court and tribunal decisions | Page 27 (4,489 items)


Directors did not criminally exploit FEG scheme: Court

An attempt to warn companies away from the exploding Fair Entitlements Guarantee scheme has fallen flat, after an appeal court found that two directors of an ailing business committed no crime by allegedly hoping liquidators would access taxpayer funds to pay out 58 former employees.


FWC bench overturns truck driver's dismissal

A FWC full bench has reinstated a rubbish truck driver sacked for a low-level alcohol reading, finding that the initial decision relied on reasons the employer had not put forward, without considering whether the driver had an opportunity to respond.


SDA aims for McDonald's with the lot

The SDA has lodged a new supported bargaining application seeking to cover 115,000 McDonald's workers across the country, off the back of its recent win in South Australia.


Last-minute difficulties don't warrant extending time

The FWC has refused to extend time for a worker who attempted to file his unfair dismissal claim two hours before the deadline, finding that by waiting until the last minute, he risked encountering technical difficulties.


Conduct went beyond "alarm bells" to "veritable sirens": FWC

The FWC has ordered reinstatement for a professor who sent "intimate and romantic" messages to a student, including a photo of himself in his boxers, finding that his seven-year unblemished record since his recently-uncovered relationship mitigated his behaviour.


Bikie threats overrode "heat of the moment" resignation

A worker who threatened his managers that he would set bikies on them and that he had "a bullet with your name on it" resigned in the "heat of the moment" and should have been given the chance to retract it, but the FWC has upheld his dismissal because his menacing behaviour amounted to serious misconduct.


"Cold-hearted" HR manager behind unlawful sacking: Court

A HR manager opportunistically accused a disgruntled employee of leaking confidential information to "put the blow-torch" to him over his dogged pursuit of underpayments, a court has found.


Aiding recruitment process not "obtaining" new role: FWC

The FWC has refused to reduce a worker's 16-week redundancy payment after finding that when it comes to determining whether an employer has offered "other acceptable employment", assisting with identifying alternatives "falls short" of procuring a new role.


Employers enjoy win in sleepover pay case

In a judgment that will ripple through a FWC case considering the way homecare, disability and social workers are paid for shifts immediately before or after sleepovers, the Federal Court has rejected FWO arguments that penalty rates should apply.



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