Browsing: Court and tribunal decisions | Page 307 (4,294 items)


Chronic marijuana-user posed "catastrophic" safety risk

A senior FWC member has upheld the sacking of an underground mineworker who tested positive for THC and continued to have elevated levels of the drug in his system 22 days later, finding it the "only course of action open" to the employer.


AWU denied documents that could identify AFP raid whistleblower

The Federal Court has accepted that "future whistleblowers" might be deterred if it releases all Registered Organisations Commission documents relating to last year's raids on the AWU by the Australian Federal Police.


ASU to fight hot desking push

The ASU is appealing a finding that the ATO can require employees to 'hot desk' regardless of whether they perform field work, the union arguing it wouldn't have endorsed the 2017 agreement if it had been made aware of the agency's intention.


Bench decision broadens coverage of modern awards, says union

In a decision that United Voice says will make it harder for low-paid workers to be classified as award free, an FWC full bench has found that animal attendants and supervisors covered by a Queensland pet resort agreement should have been assessed against the Miscellaneous Award.


Legal centre manager's unfair dismissal not enough to win costs

An FWC member has declined to award costs to a prominent community legal centre's general manager despite finding she had been capriciously ousted by the management committee during a restructure and ordering her reinstatement.


Bench confirms Royal Commission evidence admissible in FWC

An FWC full bench has confirmed that the tribunal can rely on evidence given to royal commissions, this month rejecting former NUW NSW official Nick Belan's challenge to findings that his admissions under oath helped establish his financial misconduct and justified dismissal.


Fighting "cowboy" fails to win job back

The FWC has ruled on the out-of-hours conduct of a maintenance worker who claimed he was acting in self-defence when he ended up in a fight after a "horsing-around" passer-by took his cowboy hat, leading to his expulsion from the giant Wheatstone LNG project.


Court clarifies naming protocols in case against law firm

In a decision further clarifying naming protocols for complaint and litigation respondents, a court has ruled that a law firm's individual partners need not be identified in a discrimination case brought by a former employee.



Embassy unfairly sacked driver with bad back: FWC

A contested payslip and an unsigned employment contract obtained in "unusual" circumstances have persuaded the FWC that an ambassador's driver was unfairly dismissed after he informed the embassy he couldn't work for more than two hours at a time because of a sore back.


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