Browsing: Court and tribunal decisions | Page 326 (4,458 items)



FWC freezes hearing of challenge to delegate's sacking

The FWC has acceded to a request to delay an unfair dismissal hearing for two AMWU delegates sacked by Visy Board for allegedly organising unlawful overtime bans, so that they don't prejudice their position in a parallel civil penalty prosecution the company has initiated against the union, an official and 69 employees.


Court rejects bid to derail adverse action claim

A manager's adverse action claim against a not-for-profit enterprise set up to create a railway tourist attraction is on track, after a court found its substantial, non-peripheral commercial activities characterised it as a trading corporation.


Bench opens door for more unfair dismissal claims

Workers on "outer limits" fixed-term contracts and long-term casuals have been given more latitude to pursue unfair dismissal claims after an FWC full bench decision that brings the accepted precedent on employer-initiated terminations into line with Fair Work Act provisions.


High Court raises bar for industrial action: ACTU

The ACTU says a High Court decision that makes it harder for unions to take protected industrial action has made Australia's workplace laws "much more oppressive" at a time when strikes are already at record lows.


Direction to swap Byron Bay for Sydney unreasonable: FWC

A home-based sales representative has been compensated after the FWC found that he was sacked within a day of receiving a "manifestly unreasonable" ultimatum to pack up his life in Byron Bay and return to work in his employer's Sydney office.


Aldi deal wins High Court coverage endorsement but needs reBOOT

The High Court has directed an FWC full bench to re-determine whether a controversial Aldi agreement for a new distribution centre passes the better off overall test, but it has agreed with the retailer that deals covering new enterprises can extend to employees yet to work there.


AWU might face damages after High Court rules bans unlawful

The High Court has today upheld an appeal by Esso Australia against a finding that industrial action taken by the AWU in 2015 was protected, in a decision that leaves the way open for a substantial damages claim against the union.




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