Browsing: Court and tribunal decisions | Page 339 (4,492 items)


Court upholds BHPB rejection of organisers' pre-shift entry

The Federal Court has rejected CFMEU argument that the Fair Work Act's explanatory memorandum compels a finding that union officials are entitled to exercise their entry rights to hold discussions with members and potential members before their shifts begin.



Employer took adverse action against worker it shunted: Court

A court has found that a rail freight company took adverse action against a train driver when it derailed his progress towards a more lucrative role after he refused to alter a shift, citing primary carer responsibilities and fatigue.


Alleged bullying was reasonable management action

The FWC has thrown out an aged care worker's anti-bullying claim, finding her employer had taken reasonable management action and carried it out in a reasonable manner, while she was the one with a pattern of inappropriate conduct.


Bench accepts Wesfarmers did not authorise Coles agreement

Wesfarmers has avoided having chief executive Richard Goyder put on the witness stand ahead of the FWC later this year hearing Penny Vickers' bid to terminate its 2011 supermarkets agreement, after a full bench accepted that the parent company had no role in approving the retailer's 2014 enterprise deal.


Driver who exercised minimal control a worker, court rules

A driver who provided "little more than his labour" to a limousine company that obtained 90% of its work through ride-sharing service Uber has been found to be a worker under workers' compensation laws.


Court backs four-year restraint

A court has stopped an IT specialist from working for a competitor and encouraging other employees to join him, finding a four-year restraint period reasonable after taking into account that he sold his stake in the company for a "substantial" sum and continued on as a "key employee".


Multinationals' labour hire switch exposes "deficient" redeployment process

The FWC has identified "deficiencies" in management of redundancies by a mining services company that replaced its employee relief pool with on-hire workers, counselling that it should have given greater consideration to quarantining some positions for redeployees.


Employer urged to engage on "double standard" redundancy package

The FWC has implored a barrister to urge his client to "at least consider" engaging with employees, after conceding it has no jurisdiction to deal with a dispute over a "double standard" on redundancy packages between blue and white-collar workers.


Sacked Woolworths worker denied legal representation

A warehouse team leader must match wits with Woolworths' in-house HR/IR managers over his unfair dismissal claim after the FWC refused to allow either party legal representation for what it determined was a matter "not complex enough" to involve lawyers or paid agents.


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