Browsing: Court and tribunal decisions | Page 6 (4,875 items)


Knockback reasonable, but FWC orders one-day WFH

The FWC has ordered a university to allow an advisor to work from home one day a week, despite finding it had reasonable business grounds to reject the two-days-a-week WFH flexibility request she made on the basis of her age.


No discrimination in unvaxxed worker sackings: Court

A court has declined to hear discrimination cases brought by three health workers sacked mid-pandemic for refusing COVID-19 jabs, finding no merit in their arguments that being unvaccinated should be treated as a disability.


ASU told to identify award changes "with precision"

FWC President Adam Hatcher has sent the ASU back to the drawing board to precisely detail its case for further award-based pay rises for community and disability workers after receiving the union's latest "aspirational" pitch for increases of up to 35%.


Extra time for HR manager with undiagnosed condition

The FWC has extended time for a HR manager with a "debilitating" undiagnosed neurological condition to file her general protections claim, despite accepting the medical evidence failed to prove her incapacitation during the 21-day statutory limitation period.


Thorough investigations not an "unmeetable burden": Bench

A full bench has upheld orders requiring a BHP labour hire subsidiary to reinstate to a different mine a worker accused of aggressive conduct, finding a FWC member did not impose an "unmeetable burden" on workplace investigations, while the company's challenge to his colleague's reinstatement order is waiting in the wings.


Bank wrongly withheld bonuses in lewd message sacking

A former ANZ executive found to be "persona non grata" in the industry has been cleared to recover millions in bonuses withheld after his sacking for sending lewd messages, but has otherwise failed in his six-year-long case to win whistleblower protections or sustain arguments that the bank took unlawful adverse action.


Clear contemporaneous evidence crucial in defence

A court has rejected a probationary employee's claim that a public sector employer sacked her because she has a disability, took sick and carer's leave and lodged an anti-bullying claim, accepting that the employer simply decided she did not have the skills and aptitude to perform her job.


"No harm, no foul" no defence in kickback sacking

The FWC has rejected a maintenance manager's "no harm, no foul" defence to his sacking over a failed kickback scheme, finding he engaged in serious misconduct when he deliberately and dishonestly attempted to defraud his employer.


$360K release deed payout no bar to EO Act claim

A employee paid $362,500 to settle a common law claim after her s-xual assault and r-pe at work has won the all-clear to continue a related s-xual harassment and discrimination claim under equal opportunity legislation.


Pistol club the target for $500K fine

A court has awarded more than $500,000 in penalties to an 80-year-old former pistol club manager paid for more than a decade just $250 a week, from which the employer deducted $100 as rent for the on-site mobile home she lived in with her disabled son.


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