Browsing: Court and tribunal decisions | Page 43 (4,321 items)


"Circumstances" allow HR manager to sign deal on workers' behalf

The FWC has taken the unusual step of allowing an employer's HR manager on behalf of workers to sign off on an agreement not backed by the CFMEU's construction division, after accepting evidence that employees were "reluctant" to put their names to the deal.


IBD could act as "circuit breaker" in power dispute: FWC

The majority privately-owned operator of NSW's high-voltage electricity network and unions have until next Monday to agree on terms for a new agreement before handing matters over to a FWC full bench to resolve any outstanding issues via an intractable bargaining determination.


FWC upholds autistic worker's sacking for overstepping boundaries

A NDIS provider has refuted allegations it took unlawful adverse action by sacking a worker because of her autism spectrum disorder, with a FWC consent arbitration finding her efforts to rescue a dog and dispose of a client's medication exceeded the scope of her duties.


FWC accedes to CFMEU request to terminate Victorian deal

The FWC has terminated, at the request of CFMEU divisional leader Zach Smith, a Victorian construction deal signed-off by a company director convicted but later acquitted of a "gangland" murder.


Bonus the right medicine for ex-pharmacy boss

The NSW Supreme Court has ruled that a former chief executive's settlement of a dispute over the termination of his employment contract did not end his entitlement to a bonus triggered by the sale of the company.



Decision-maker uncertainty fatal to adverse action defence: Court

In a case highlighting the need for employers to precisely identify decision-makers when defending adverse action matters, the Federal Court has expanded an academic's claim after accepting that a judge failed to "isolate" who at a leading university was responsible for making allegations of serious misconduct.


"Misleading" claims sink labour hire deal

A labour supplier has failed to win approval of a deal for casual black-coal mineworkers after making "misleading" claims of higher pay rises and telling the FWC they should be treated as "award free" when applying the BOOT.


Perth "triggering" effect scuttles transfer bid

A Federal Court judge has refused to transfer a safety executive's adverse action case from Sydney to Perth, partly because of her claim that simply setting foot in the city where she was sacked has a "triggering" effect on her mental health.


HSU blocks branch funding of Asmar defence

Under-fire HSU branch leader Diana Asmar has been ordered not to use union funds to cover the costs of defending FWC allegations that she received "cashbacks" and unwarranted reimbursements, while also being directed to provide undertakings not to initiate any further reprisals against three officials who maintain that the branch no longer operates effectively.


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