Browsing: Court and tribunal decisions | Page 335 (4,283 items)


Representative error "amplified" by advocate's failures: FWC

The FWC has highlighted that an employee with no legal qualifications or background in IR who won an extension of time for her unfair dismissal claim "provided the sole information" to the tribunal about representative error, despite the presence of her advocate at a hearing.


Court rebuffs casual moved from A team to B team

A court has rejected a casual's claim that his employer took adverse action when it stopped offering him shifts after he refused a six-week contract to allegedly meet his family and caring responsibilities, finding he knocked the work back to go on a pre-booked holiday to Fiji.


Bench hits CFMEU with twelve-fold penalty increase for blockade

A full Federal Court majority has found that the court cannot treat a "lawful request" or a party's motivation for taking coercive industrial action as a mitigating factor when assessing penalties and has ordered a twelve-fold increase in fines against the CFMEU for organising a blockade at Perth International Airport in 2013.




Bench rejects union's adverse action case against BHP Coal

A full Federal Court has upheld a procedural decision to strike out an amended statement of claim in dismissing CFMEU's appeal alleging BHP Coal took adverse action against miners when it engaged a contractor with a cheaper workforce.


EU workplace headscarf ruling – could it happen in Australia?

A European Union discrimination ruling on an employer's decision to outlaw wearing Islamic headscarves at work highlights vast differences between it and Australia's social and legal context, according to Monash University senior lecturer Dominique Allen.


Ross refuses to refer agreement termination "test case" to bench

FWC President Iain Ross has refused the NTEU's bid for a full bench to hear Murdoch University's request to terminate its enterprise agreement, which the union claims is a "test case" that will affect up to 20,000 Western Australian higher education employees.


$170,000 adverse action payout for brothel worker

An 18-time "best brothel In Australia" and its operator have been ordered to pay more than $170,000 in compensation and penalties to an award-winning receptionist who won an adverse action case after being dismissed for refusing to shift from permanent part-time to casual employment.


Transport award a better BOOT fit for mine haulage drivers

The CFMEU is considering whether to appeal an FWC ruling that it is not entitled to cover drivers using a public road to haul coal from a mine, after it failed to convince the tribunal that an agreement should have been compared to a mining award for the purposes of the BOOT.


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