Browsing: Court and tribunal decisions | Page 4 (4,663 items)


Charity faces job candidate race bias claim

A prospective migrant living in Egypt has won limited document discovery against an Australian charity running a refugee employment program, in a race bias complaint alleging there is "a stark disparity" between its placements for South Sudanese and other candidates.


Risk manager "a source of distress"

The FWC has rejected the dismissal claim of a "combative" risk manager who accused a Rio Tinto-linked First Nations trust of forcing her to resign by subjecting her to psychological hazards, pressuring staff to work on "invasion day", and flouting her right to disconnect.


Exercise caution when dismissing bullying claims: Bench

The FWC should only dismiss an anti-bullying application at a preliminary stage if the absence of a future risk is clear, a FWC full bench has found in upholding the appeal of a worker on extended sick leave.


Merits get wrongly-filed claim across the line

The FWC has extended time for a worker to contest her dismissal, finding it warranted due to her mistaken attempt to dispute it in another tribunal, combined with the strong merits of her claim.


Sacked "serial complainer" denied $2M compensation

A judge has rejected a former employee's $2 million-plus compensation claim after finding her unlawful sacking was not "the cause or even a material contributing cause" of an alleged psychological injury and that she would have lost her job anyway within months.



Underpayment penalties failing as deterrent: Judge

A former FWO chief counsel-turned judge has taken an axe to the workplace regulator's belief in penalties as a general deterrent, expressing astonishment at its "staggering" pursuit of a $21,000 fine against an employer who quickly coughed up a $976 underpayment once a junior worker provided proof of their age.


World court's strike finding a spur to unions: Lawyer

A labour law academic says a UN World Court finding that workers' right to strike is protected might revive ILO scrutiny of the extent to which the Fair Work Act "over-restricts" protected action, while a lawyer says it might "change the trajectory" of IR litigation and reform.


Case against major franchisor to proceed

An alleged whistleblower's explosive allegations against franchising business Jim's Group may be headed for hearing, after a court gave him an extension of time and let him file an amended claim.


Contested settlement no basis for recusal: FWC

A tribunal member has declined to recuse himself from a harassment case, rejecting claims that what he "may know" about what was possibly agreed in a conciliation conference could affect his impartiality.


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