Browsing: Court and tribunal decisions | Page 66 (4,548 items)


FWC accedes to CFMEU request to terminate Victorian deal

The FWC has terminated, at the request of CFMEU divisional leader Zach Smith, a Victorian construction deal signed-off by a company director convicted but later acquitted of a "gangland" murder.


Bonus the right medicine for ex-pharmacy boss

The NSW Supreme Court has ruled that a former chief executive's settlement of a dispute over the termination of his employment contract did not end his entitlement to a bonus triggered by the sale of the company.



Decision-maker uncertainty fatal to adverse action defence: Court

In a case highlighting the need for employers to precisely identify decision-makers when defending adverse action matters, the Federal Court has expanded an academic's claim after accepting that a judge failed to "isolate" who at a leading university was responsible for making allegations of serious misconduct.


"Misleading" claims sink labour hire deal

A labour supplier has failed to win approval of a deal for casual black-coal mineworkers after making "misleading" claims of higher pay rises and telling the FWC they should be treated as "award free" when applying the BOOT.


Perth "triggering" effect scuttles transfer bid

A Federal Court judge has refused to transfer a safety executive's adverse action case from Sydney to Perth, partly because of her claim that simply setting foot in the city where she was sacked has a "triggering" effect on her mental health.


HSU blocks branch funding of Asmar defence

Under-fire HSU branch leader Diana Asmar has been ordered not to use union funds to cover the costs of defending FWC allegations that she received "cashbacks" and unwarranted reimbursements, while also being directed to provide undertakings not to initiate any further reprisals against three officials who maintain that the branch no longer operates effectively.


Lawyer's failure to specify deadline contributed to delay

A lawyer's "significant omission" in failing to specify the deadline for a self-represented worker to lodge his unfair dismissal claim, despite sending the worker a costs agreement on that date, contributed to the delay and warranted a one-day extension, the FWC has found.


FWC backs BHP's sacking of "extremely intoxicated" harassing worker

The FWC has ruled that an intoxicated FIFO female mineworker rubbing up against and trying to hold hands with her male colleagues when commuting to her worksite amounted to harassment and s-xual harassment and warranted BHP dismissing her.


Give more thought to recognising migrants' licences: FWC

A FWC presidential member has suggested policymakers give greater consideration to recognising the "industrial qualifications" of migrant workers after ruling an employer unfairly dismissed a factory hand when it made him redundant without consultation due to his unsuccessful attempts to obtain an Australian forklift licence.


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