Browsing: Court and tribunal decisions | Page 372 (4,805 items)


Worker clears "high hurdle" for late dismissal claim

The FWC has found that a combination of three factors, including a "significant" mental illness, justified extending time for an unfair dismissal claim lodged 164 days late by a former Woolworths worker.


"Unique peg" unfairly dismissed despite no role to fill

The FWC has found a not-for-profit employer unfairly sacked a contracted indigenous cultural heritage officer described as a "very unique peg for an absolutely unique hole" when it failed to adequately discuss alternative roles the umpire conceded were unlikely to exist.


No bias against worker who railed against "sinners": UK court

A prison gardener ordained as a Pentecostal minister who was disciplined for quoting bible passages about the sinfulness of homosexuality to inmates has failed to overturn a UK Employment Tribunal finding that his employer's actions did not constitute religious discrimination.


Triple treat for ABCC as court increases fines

A full Federal Court has fined the CFMEU $300,000 and the CEPU $130,000 over a 2011 industrial campaign; penalties that are almost three times higher than originally sought by the construction watchdog.



"Unaffordable" UK employment tribunal fees not lawful, court rules

Any possibility of the FWC moving towards the UK employment tribunal's user-pays regime might have been stymied after its highest court found that recently-introduced fees for individuals of up to $2,000 prevented access to justice and were unlawful.



"Interesting technical question" sees bench quash agreement

An FWC full bench has quashed an agreement struck with five Sigma Healthcare recruits, finding the NUW had been denied natural justice when the pharmaceuticals giant failed to provide it with its application for approval on the basis that the union had ceased to be a bargaining representative.



TWU banned from industrial action with alleged "ulterior motive"

The FWC has temporarily restrained a union from taking industrial action after accepting it was not genuinely seeking an agreement when a delegate made the "somewhat unusual" suggestion that the company shift its workers to a labour supply or contracting arrangement managed by him.


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