Browsing: Court and tribunal decisions | Page 323 (4,458 items)


No leave accrual during lockout, says FWC

In a landmark ruling, the FWC has held that Carter Holt Harvey employees did not accrue annual or long service leave during a 74-day lockout last year.


Missed bargaining meetings key to scope case for remote workers

A geographically-distinct union has been granted scope orders for cleaners at a remote detention centre after the FWC determined the costs involved for bargaining representatives to attend distant meetings were prohibitive.


Bench backs manager's sack for s-xual harassment

An FWC full bench has upbraided a tribunal member for suppressing the name of a sexual harassment complainant without proper consultation, but has upheld the sacking of a manager for the "hostile" and "derogatory" comments he directed at the trainee.


Union pursued over "coercive" campaign material

The Federal Court will consider whether a series of NTEU social media posts, campaign materials and protests constitute "coercive acts" that are disproportionate to any legitimate interests the union might have had in wanting to stop Murdoch University from terminating its 2014 agreement.


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.


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