Browsing: Court and tribunal decisions | Page 5 (4,272 items)


Take psychiatric test or risk case: Court

A law firm has won court backing to have a psychiatrist assess whether its client is legally fit to pursue her attempt to overturn the rejection of her race and s-x discrimination case, held up by a judge as demonstrating "the perils of litigating hurt feelings".


WFH "preference" doesn't cut it with FWC

The FWC has made it clear that a "mere preference" for working at home without providing sufficient evidence of responsibilities or needs will not pass the first hurdle for a flexible work order.


Late switch fails to defeat SJSP bid

A last-minute shift to direct employment for on-hire workers of one labour supplier at a major abattoir chain has failed to stymie the meat union's bid for same-job, same-pay orders.


Directors did not criminally exploit FEG scheme: Court

An attempt to warn companies away from the exploding Fair Entitlements Guarantee scheme has fallen flat, after an appeal court found that two directors of an ailing business committed no crime by allegedly hoping liquidators would access taxpayer funds to pay out 58 former employees.


FWC bench overturns truck driver's dismissal

A FWC full bench has reinstated a rubbish truck driver sacked for a low-level alcohol reading, finding that the initial decision relied on reasons the employer had not put forward, without considering whether the driver had an opportunity to respond.


SDA aims for McDonald's with the lot

The SDA has lodged a new supported bargaining application seeking to cover 115,000 McDonald's workers across the country, off the back of its recent win in South Australia.


Last-minute difficulties don't warrant extending time

The FWC has refused to extend time for a worker who attempted to file his unfair dismissal claim two hours before the deadline, finding that by waiting until the last minute, he risked encountering technical difficulties.


Conduct went beyond "alarm bells" to "veritable sirens": FWC

The FWC has ordered reinstatement for a professor who sent "intimate and romantic" messages to a student, including a photo of himself in his boxers, finding that his seven-year unblemished record since his recently-uncovered relationship mitigated his behaviour.


Bikie threats overrode "heat of the moment" resignation

A worker who threatened his managers that he would set bikies on them and that he had "a bullet with your name on it" resigned in the "heat of the moment" and should have been given the chance to retract it, but the FWC has upheld his dismissal because his menacing behaviour amounted to serious misconduct.


"Cold-hearted" HR manager behind unlawful sacking: Court

A HR manager opportunistically accused a disgruntled employee of leaking confidential information to "put the blow-torch" to him over his dogged pursuit of underpayments, a court has found.


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