Browsing: Court and tribunal decisions | Page 438 (4,489 items)


Workplace can include pub across the road: Federal Court

A full court of the Federal Court has upheld a finding that a pub two work colleagues visited to deal with s-xual advances one made to the other in their office across the road was a "workplace" under federal discrimination legislation.


Court rejects literal interpretation in crib break claim

The Federal Court has relied on a 25-year "common understanding" in the transport industry in preference to the literal wording of an award in rejecting a TWU claim for Linfox day workers to be paid crib time.


No "relief" without relief reasonable policy: FWC

An airport security firm's requirement that employees ring their leading hand and wait for a replacement before taking a toilet break is "entirely reasonable" and lawful, the Fair Work Commission has held, in rejecting a security officer's unfair dismissal claim.


Sacking for dishonesty upheld by FWC

The Fair Work Commission has thrown out an unfair dismissal claim brought by a TNT Australia forklift driver who lied about working for a competitor while certified unfit for work and sending his employer a threatening letter, describing his evidence as a "farrago of lies".


Judge scathing of barrister in adverse action case

A Federal Circuit Court judge has slammed a barrister who said she was too "busy" to file written submissions in an adverse action case, criticising her conduct as "contemptuous" of his orders and "discourteous" to the court. He also said her involvement in another case might require investigation by "relevant authorities".


Reasonable notice payout lifts employee's damages over $1m

A financial controller sacked by a global shipping company will recover more than $1m after a court ruled she was entitled to ten months' notice of termination of her employment and long service leave based on her full salary package.


Dismissal by "mutual agreement" still a dismissal: Court

A court has found that a worker who was asked to look for alternative employment due to his heart condition was dismissed, rejecting his employer's argument that his job ended by "mutual agreement".



Grocon contempt case no reason to delay FWBC coercion charge: Court

The Federal Court has refused to delay the Fair Work Building Industry Inspectorate's unlawful coercion case against the CFMEU over the 2012 Grocon blockade, finding that the company's contempt charges against the union in the Victorian Supreme Court are not criminal proceedings.


Meatworks relies on sham contracting ruling to dodge damages

In an unusual postscript to a notorious sham contracting case, an abattoir operator has relied on a Federal Court ruling that it had vigorously opposed to successfully argue that it was the employer of an injured worker, thus avoiding having to pay him more than $150,000 in common law damages.


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