Browsing: Court and tribunal decisions | Page 51 (4,320 items)


Questionable drug sacking enough to win extension

The FWC has granted a worker a one day extension for his unfair dismissal claim due to the merits of his case, after he alleged his employer summarily dismissed him for a positive drug test taken during a period of annual leave, when its zero tolerance policy would not apply.


"Significant" damage from strikes not just about dollars: Bench

A FWC full bench has clarified what constitutes "significant" damage to the national economy and when an employer can be considered an "important part" of it, in reasons for overturning the suspension of protected action by sugar industry workers.


Employer not required to produce investigation report

In a case that weighs up employer rights when conducting investigations under commonly-used agreement provisions, a FWC full bench has rejected a worker's request for an investigation report that details his alleged misconduct, but has suggested the employer re-open its probe because it denied him natural justice.


Maritime union not fishing for IBD: FWC

Stevedore Qube has failed to persuade the FWC that the MUA is deliberately complicating negotiations for a new Melbourne port deal in the belief that it will get a better result if the matter is arbitrated by the Commission under new Closing Loopholes laws.


FWC member rejects employer's "cherry-picking" recusal bid

A FWC member has refused a multinational company's bid for him to stand aside from an AMWU delegate's attempt to reverse his sacking for allegedly revealing non-members' names, accepting he "did not sit Sphinx-like" at an interlocutory hearing, but suggesting the employer should have properly considered his comments in context instead of "cherry-picking".


Workers cannot retrospectively resign: FWC

The FWC has ruled that just as a dismissal only takes effect when it is communicated to the worker, a resignation can equally only apply when the employer becomes aware of it.


Limited powering-down of ETU bans at Transgrid

Transgrid, the privately-owned operator of the NSW high-voltage electricity network, has won a three-week suspension of protected bans on work defined as a declared incident or emergency.


Woolies deal approved after "misuse" of messaging platform

The SDA says it will be "going in to bat" for any permanent Woolworths employees wanting to switch to a four-day working week under a clause in the supermarket giant's new agreement, approved by a FWC full bench despite multiple RAFFWU and AMIEU objections that followed the latter's "misuse" of the company's in-house messaging platform.


Bus driver entitled to PPL after wife's caesarean section: FWC

In a significant decision on paid parental leave, a FWC presidential member has ordered a State-owned public transport provider to backpay a bus driver who claimed to be the primary carer of his newborn son while his wife recovered from an emergency caesarean section.


Leader drops case against own union executive

The federal secretary of the Australian Licensed Aircraft Engineers' Association, Steve Purvinas, has dropped his court case against members of his executive after they shelved moves to curtail his role.


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