Browsing: Court and tribunal decisions | Page 40 (4,321 items)


Workers not at fault for delayed applications: Bench

A presidential member placed too much emphasis on two workers' failure to chase up their unfair dismissal applications, a FWC full bench has ruled, finding the representative's miscalculation of the due date responsible for the whole delay.


HR worker's desire for different result not enough for appeal

A FWC full bench has refused to extend time for a HR business partner seeking to appeal her unfair dismissal decision, finding she had failed to demonstrate any legal errors and instead merely showed "a preference for a different result".


"Smoke and mirrors" approach as Tabcorp sacks leader: FWC

ASX-listed gaming giant Tabcorp "blindsided" former chief executive Adam Rytenskild with allegations of making an "inappropriate and offensive comment" about the female leader of a gambling regulator and then forced him to resign, the FWC has found.


Lawyers' "high stakes" advice put client's job at risk: FWC

A FWC presidential has found himself "astounded" by advice from a worker's lawyers, who "appear to have advised or allowed her to engage in a very high stakes game" by presenting her employer with an ultimatum that threatened her employment and resulted in her dismissal.


Payout for visa worker "extorted" to have s-x with boss

A court has found an employer who was in a relationship with an employee s-xually harassed her when he extorted her into having unwanted intercourse, setting compensation at $25,000, while rejecting her claim he sacked her for falling pregnant.


Small cohort deal short on authenticity: Bench

A FWC full bench has quashed the approval of a company's CEPU-lodged agreement, found to have been voted up by two workers before it was used to cover AMWU members in a process "entirely lacking in authenticity and moral authority".


ATO not obliged to offer worker unlimited tax break: FWC

The FWC has declined to interfere with the ATO's decision to refuse a worker absent more than 248 days in a year access to unpaid personal leave, observing that its enterprise agreement did not provide an "unfettered" right to such time off.


AMWU rule change prises open BHP OS

The AMWU has after more than two years succeeded in gaining FWC approval to expand its eligibility rules so it can get a toehold in BHP's internal labour hire operation.



Move to royal family business not subject to restraint clause

In a case demonstrating the limits of restraint clauses, a superior court has voided unreasonable constraints a wealth management company owned by US private equity funds sought to enforce when three of its former Melbourne advisors moved to a rival operation owned by Liechtenstein's royal family.


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