Browsing: Court and tribunal decisions | Page 308 (4,294 items)


Tribunal refuses to extend time despite representative error

The FWC has refused to extend time for an unfair dismissal claim lodged five days late by a pro bono solicitor found to be "primarily responsible" for the delay, ruling that the worker knew the 21-day limit applied and should have followed it up with his representative.



Union only challenged ROC decision to dodge penalties: Bench

An FWC full bench has refused the CEPU leave to appeal a ROC decision on financial reporting deadlines, holding that the "real purpose" of the union's case was to avoid potential penalties for failing to meet its statutory obligations.


Meatworker's safety shortcut warranted the chop, says FWC

An experienced meatworker's impulse to help out a stressed colleague without taking safety precautions prescribed by his employer's "cardinal rules" justified severing his employment, the FWC has found.


Court questions FWO's zeal in pursuing cooperative employer

The FWO's costly pursuit of a cleaning company over inadvertent underpayments of $5200 over a nine-month period has drawn fire from a judge who questioned the "limited need for deterrence" in a case where Fair Work Act objectives could have been met through enforceable undertakings.


Aerocare's "misconceived" offer sinks agreement appeal

Aerocare's attempt to revive its appeal against the rejection of a new agreement has fallen short, after an FWC full bench rejected the aviation services company's "misconceived" offer to improve conditions for casuals.


FWO could win higher penalties after court ruling

An employer could face a ninefold increase in fines ordered by the Federal Circuit Court after the FWO successfully appealed the judgment on the basis that it wrongly grouped contraventions as a single course of action.


Uber not an employer, says FWC

An Uber driver's failure to convince the FWC that he is an employee is unlikely to deter other challenges according to an academic, while the case raises questions as to whether traditional legal tests can be applied to the gig economy.


Cash fails to rescind AWU raid subpoena

The Federal Court has today dismissed an application by Employment Minister Michaelia Cash to set aside a subpoena served on her by the AWU over the Federal Police raids on the union offices in October.


Liquidation costs block workers' access to FEG payments

Two employees have had to forego more than $9000 in redundancy entitlements after the FWC accepted a financially-distressed employer could not meet the cost of liquidating his business in order to qualify for the federal government's Fair Entitlements Guarantee scheme.


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