Browsing: Court and tribunal decisions | Page 4 (4,875 items)


Sacking justified after refusal to attend "tie-breaker" medical

The FWC has ruled that while a BHP subsidiary "imposed unreasonable deadlines" for a worker with bipolar to respond to and provide medical reports, it was entitled to dismiss him for incapacity after he refused to attend a "tie-breaker" medical exam to resolve conflicting assessments of his fitness for work.


Dodgy internet explained late application

A retail worker will have a chance to argue that she got the sack for "speaking up against religious supremacy and genderism" after a FWC member accepted that a faulty internet connection delayed her application by two minutes.


Flex request not a ticket to ride: FWC

The FWC has held that a bus driver cannot use a request for flexible working arrangements to transfer to a separate but related employer in another state.


Confidentiality bid "futile": FWC

The FWC has rejected a veteran bank loan manager's bid to expunge his name from all records of his failed dismissal challenge, despite accepting that it will make it difficult for him to find another job in the industry.


HR failed to properly weigh sacked worker's conduct: Court

A probationary aged care nurse has won an adverse action case after a people and culture executive sacked her without independently assessing allegations, relying instead on a manager's recommendation that had been influence by her complaints.


Sub-optimal management not s-x bias: Tribunal

An employer's clumsy and disorganised management practices rather than discrimination led to it giving a female employee just a few hours' notice before a job interview while her male colleagues had days to prepare, and it compounded its poor practice by then forgetting to tell her she failed to win the role, a tribunal has found.


Uber should have called complaining rider: FWC

The FWC has upheld Uber's deactivation of a driver accused of s-xual misconduct, despite expressing "significant concerns" about the company's failure to follow up with the rider whose complaint underpinned its decision.


PhD students not employees: Full court

A full Federal Court has rejected a class action on behalf of University of Sydney doctoral students that argued recipients of Commonwealth-funded research scholarships are employees entitled to agreement-enshrined pay and conditions.


Representing parties in FWC not "automatic"

An unpaid layperson said to be representing 12 workers in the FWC has failed to convince a senior member she has an "automatic right" to represent a pilot in a late general protections case, with the tribunal also citing evidence she unsuccessfully sought a restraining order against the employer's lawyer and allegedly threatened his family.


Allowance "unconnected" to industrial action: Court

In a ruling clarifying what payments employers can withhold during strikes, a court has determined that Chevron unlawfully subtracted a transport allowance due to FIFO workers bargaining at its West Australian LNG operations in 2023.


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