Browsing: Court and tribunal decisions | Page 63 (4,663 items)


"In-principle" settlement not the end of the matter: Full bench

A FWC full bench has overturned a commissioner's decision to "unilaterally" and without warning "administratively close" a general protections claim based on his incorrect belief that the parties had reached a settlement.


More working days lost, as PABOs burgeon; & more

More working days lost, as PABOs burgeon; Super Retail suppression orders upheld; Most rapid membership growth in youngest workers: ACTU; and NSW IRC seminar on awards.


Covert recording trashes dismissal challenge

The FWC has refused to hear a BP worker's three-day late challenge to her sacking after she revealed she ignored a clear direction not to record the disciplinary meeting at which the employer summarily sacked her.


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.


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