Browsing: Court and tribunal decisions | Page 46 (4,490 items)


FWC waves big stick over employer's "disregard" for laws

A transport company is to be referred to the FWO over its "alarming" indifference to its obligations as an employer, after an unfair dismissal case in which it exhibited "disregard" for the FWC before being ordered to pay $30,000 to a former worker sacked without warning.


Whether surgery elective irrelevant to sick leave bid: FWC

The FWC has ruled an employer had a right to refuse to pay sick leave to a worker recently warned about his "particularly excessive" use of the entitlement, while finding it nevertheless "irrelevant" whether cosmetic surgery or a burst appendix explained his absence.


FWC upholds sacking for phone-use while driving

A mining truck driver's mobile phone use, detected by an infra-red driver alertness system, justified her dismissal, after what the FWC deemed to be a fair investigation process.


CFMEU given chance to pressure-test deal

The CFMEU has been given permission to intervene in the approval of a crane deal despite its members nominating other bargaining representatives.


No beef with bullying claim: FWC

The FWC has confirmed that there are only two elements of the "broad" definition of a "worker" under anti-bullying legislation, in rejecting a challenge to an unpaid board member's eligibility to bring a claim.


Company "had no intention" of allowing ETU's entry to site

A head contractor unlawfully blocked ETU organisers' access to labour hire linesworkers on an interstate power transmission project, the Federal Court has found, and the various reasons it provided for refusing entry appear "disingenuous".


Move to Canada broke employee bond: FWC

In what might stand as one of the last FWC cases relying on the High Court's 2022 Personnel decision to establish whether a worker is an employee or an independent contractor, the tribunal has rejected a manager's claim that she maintained the same role at a fintech company despite resigning and signing a contractor agreement as part of a move to Canada.


FWC member "precipitously" binned case: Bench

A FWC full bench has found a presidential member denied two workers procedural fairness when he took the "precipitous step" of dismissing their general protections applications before they received his email warning he might do so because of their failure to lodge submissions in reply.


Return-to-office direction not bullying: FWC

An executive on workers compensation for a "psychological injury" related to a stumble and strain while working from home has failed to secure stop-bullying orders against her employer and a HR business partner or establish they put her at risk by asking her to return to the office following a domestic violence incident.


"Revelation" about sacking leads to $30K compensation

An employer must pay more than $30,000 compensation to a manager sacked over suspicions that he was taking it for a ride over sick leave, a fact only revealed under questioning by a FWC member.


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