Browsing: Court and tribunal decisions | Page 288 (4,296 items)


Green light for Laundy to hose down fire deal

The FWC has given Workplace Minister Craig Laundy the go-ahead to put his case that the MFB agreement should be rejected because it contains discriminatory and objectionable terms and fails the BOOT.


#MeToo parallel as racial slur sacking upheld

The FWC has praised Australia Post subsidiary Startrack Express for its flawless process in dismissing an employee who "crossed a line" from tolerable crudity to unacceptable racism in his remarks to colleagues.


Commissioner wrong in assuming tribunal "predisposition": Bench

An order requiring the NTEU to give a university more than the statutory three days' notice of protected industrial action has been quashed by an FWC full bench that found a tribunal member wrongly presupposed that any such action would be suspended by the Commission if it interfered with student exams or graduation.


Barrister avoids costs as sacked HR manager slugged $71,000

A court has imposed a $71,000 costs order on an HR manager who took a "scattergun" approach to challenging her dismissal, but has stopped short of imposing a similar order on her high-profile Sydney barrister, despite criticising his role in the case.


Organiser visits must not stray outside work hours: Bench

In a significant decision on entry rights, a Federal Court full bench has confirmed today that a permit holder's right to hold discussions with union members or potential members during "breaks" does not include the period before and after their shifts.


"Intentional" CV errors justified dismissal

Dismissing an employee for providing false and misleading information during the recruitment process was not unfair, despite procedural failings by his employer, a tribunal has ruled.


FWC blows cover of union's "concerned citizen"

The FWC has slammed the door on a union's persistent efforts to get around coverage issues by installing an "independent" bargaining representative to conduct negotiations on behalf of Linfox tanker drivers, finding it "fanciful" to suggest he was simply acting in a private capacity.


Duty of care didn't include foreseeing attack: FWC

The FWC has rejected a dismissed employee's contention that a company's duty of care extended to anticipating that he would act in a violent and threatening manner towards a co-worker.



Judge denied employer body procedural fairness: Court

An employer body's former sales manager has been ordered to repay disputed commissions after the Federal Court found five examples of a judge denying the organisation procedural fairness in the original small claims hearing.


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