Browsing: Court and tribunal decisions | Page 286 (4,296 items)


Casual work not included in redundancy calculations: Bench

Unilever has successfully challenged a requirement to count employees' prior periods of casual and seasonal work when calculating length of service for redundancy payouts, an FWC full bench calling into question a landmark 2016 majority finding that casual work should be included.


Faulty FWC calculator sinks deal

A company that relied on an FWC online calculator to notify workers of a ballot has had the resulting agreement thrown out for failing to provide the statutory seven-day access period, prompting a senior Commission member to lament his inability to "overcome what is clearly a procedural failure".


I shouldn't have read damning material: IR Commissioner

A state IR commissioner has recused himself from hearing a high-profile adverse action case after admitting he shouldn't have perused material from the state's anti-corruption body that contradicted other evidence, before he considered admitting it.


No obligation to pay worker who lost licence: Bench

An FWC full bench has quashed a finding that BHP Coal should have kept paying or considered alternative duties for a mineworker while his driving licence was suspended, saying it would be tantamount to requiring an employer to excuse from duties but pay workers who turned up drunk.



Conspiracy theorist subjected to "assumed disability" bias

In a rare "assumed disability" discrimination case that has exposed legislative shortcomings, a tribunal has awarded $20,000 to a public servant forced to take sick leave over concerns about her enthusiasm for conspiracy theories.


Bench applies brake to bike mechanic's sacking

In a decision confirming that employers must "expressly" advise workers when their job is at risk and provide them enough time to demonstrate improvement, an FWC full bench has quashed a finding that a bike shop complied with the Small Business Unfair Dismissal Code when sacking one of its mechanics.


Bench sheds more light on "shadow" lawyers

In a ruling that builds on the recent "shadow lawyers" decision, an FWC full bench has found that a large company with in-house IR legal expertise does not require approval to engage a law firm to prepare its defence of a self-represented worker's dismissal claim.


Lawyers under supervision are employees, tribunal rules

A WA law firm will have to defend a restricted legal practitioner's underpayment and unfair dismissal claims after it failed to convince the state's IRC that he was an independent contractor, with the tribunal finding that only common law employees can be engaged in such roles.


FWC upholds dismissal of HR manager

An HR manager who engaged in a "concerted campaign" against her employer's interests, openly compiling a dossier about it and exceeding her authority by initiating a colleague's redundancy, has failed to win back her job.


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