Browsing: Court and tribunal decisions | Page 396 (4,877 items)


Aldi wins special leave to challenge FWC's rejection of agreement

The High Court has granted retailer Aldi's application for special leave to appeal a full Federal Court decision that knocked out a controversial agreement but has rejected a bid to challenge a Victorian court's decision to award a chief information officer more than $477,000 in damages.


Court rejects ex-teacher's discrimination claims over confidential deed

A Sydney independent ladies' college did not unlawfully discriminate against a teacher when she "retired" from her job following an "incident", despite claims she suffered a psychological disability that rendered her incapable of agreeing to a confidential settlement with the school.


Unions knowingly involved in wildcat strike: Court

The Federal Court has found that while AMWU, CFMEU and AWU organisers did not "instruct", "advise" or "encourage" employees at a Victorian paper mill to walk off the job for three days, they and the unions were knowingly involved in the unlawful strikes.


Freehills wins injunction to restrain partners who moved to rival

The NSW Supreme Court has granted Freehills an interlocutory injunction stopping eight outgoing partners from taking clients or enticing former colleagues to take up partnerships or employment at rival law firm White & Case after they retired as a group last week.


FWC quashes MSD in want of "distinct group"

An FWC full bench has revoked a majority support determination that would have opened the door for the AWU to start negotiating a single agreement for gas plant operators scattered throughout Queensland Gas Corporation's vast Surat Basin project, after it found they are not an operationally- or geographically-distinct group.




Extended undertaking saves agreement termination for Loy Yang

An FWC full bench has refused to overturn the termination of the agreement for the Loy Yang power station and coal mine, after it accepted that the company's commitment to extend employment protections to three years compensated for an error in the initial tribunal ruling.


Transit officer unfairly sacked over capsicum spray

Sacking a transit officer for "excessive force" when he used capsicum spray on a threatening 12-year-old boy was unfair because the employer should have considered demoting him instead, a tribunal has found.


Leave entitlements on public holidays not sacrosanct: Bench

A full Federal Court majority has clarified that employers can deduct employees' annual and personal/carer's leave that falls on public holidays if the employee is covered by an enterprise agreement that provides more generous entitlements than the NES.


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