Browsing: Court and tribunal decisions | Page 3 (4,547 items)


Worker free to challenge "unusual" sacking

The FWC has cleared the way for a worker to challenge his "unusual" temporary sacking, confirming an administrative error that unintentionally ousts an employee can still amount to a "dismissal at law".


FWC refuses carte blanche BHP bid

The FWC has refused to grant BHP a sweeping order enabling it to transfer its in-house labour-hire workers to its vast array of Pilbara iron ore mines.


"Unfortunate" turn of events at FWC mailbox

A fair work commissioner has extended time for a worker who drove 170km to hand-deliver his unfair dismissal claim, saying "unfortunate" is too gentle a word for delays that left the original languishing in the tribunal's shared mailbox at Hobart's Commonwealth Courts building.


FWC decries "managerial cowardice"

In what stands as an object lesson in how not to handle performance reviews, the FWC has highlighted the role of "managerial cowardice" and a passive HR department while reinstating a senior academic who received an "exceeds expectations" score shortly before three colleagues formally complained about her conduct.


Big costs impost looming for Tech One manager

A former Tech One manager who rejected a "genuinely commercially-based" $2.2 million settlement of his "objectively untenable" $55 million general protections claim is now facing what is likely to be a seven-figure costs order, after a Federal Court ruling.


FWC's "limited" response to HR manager's suppression bid

The FWC's longest-serving member has provided a detailed exposition of the tribunal's approach to suppression orders, reinforcing that it is not merely about "public understanding" of her reasons for finding that an employer did not force an experienced HR manager to resign after less than five months in the job.


Not enough "overlap" in supported bargaining bid: FWC

As the ASU prepares to bargain for a major single interest multi-deal covering at least eight Melbourne councils, the FWC has rejected a bid for a supported bargaining authorisation covering two local government gardening service providers.


Interstate move no basis for flex request: FWC

The mother of a young child had "understandable" reasons for wanting to make her part-time job completely remote so her partner could take up better opportunities interstate, but the FWC has found insufficient connection between her caring duties and her job to empower it to arbitrate the flexible work dispute.


CFMEU "don't know" defence doesn't cut it: Judge

A judge has refused to accept the CFMEU's claim that it can't admit to entry right breaches at a major project because "it does not know", pointing to the union's "cursory" efforts to scrutinise body-worn camera footage from its own officials.


"Offboarded" worker allowed to pursue sacking claim

A worker has been allowed to proceed with an out-of-time unfair dismissal application after his employer failed to tell him he had been taken off the roster, "dangled" the prospect of future shifts in front of him for almost a year, and led him to believe he remained on the books.


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