Browsing: Court and tribunal decisions


Zero WFH no basis for rejecting alternative job: FWC

A retrenched educator who rejected an alternative role because she wanted to keep working from home at least a day a week has lost her severance entitlements, after the FWC found she did not have a formal right to maintain her flexible arrangements.


Senior mine manager not award-covered: FWC

The FWC has found that a mine superintendent who "supervised supervisors" is not covered by the professional employees award and his pay exceeds the high income threshold, rendering him unable to pursue his unfair dismissal claim.


Deal narrowly approved after casuals count

Employers with significant casual workforces have been given a guided tour of new legislative filters for assessing whether proposed deals are genuinely agreed, in a FWC decision focussing on the Fair Work Act's "employed at the time" provision.


Court increases builder's entry-blocking fines

A Canberra contractor that blocked CFMEU officials from investigating safety issues has been hit with higher penalties after conceding that a judge mistakenly bundled obstruction and misrepresentation breaches together when determining fines.


FWC puts MEU leader on notice about entry permit

The FWC has warned MEU general vice president Stephen Smyth it will not be so accommodating next time he wants to renew his entry permit should he ever repeat behaviour that attracted more than $80,000 in fines for using slurs such as "f--king scab", "maggot" and "dirty rat" during a coal mine strike.


College's "restructure" fails FWC test

A training college must pay more than $8000 to an accounts manager reputedly made redundant in anticipation of laws restricting international student numbers that never passed.


Council loses medicinal cannabis appeal

A FWC full bench has reinforced that a member did not expressly condemn using medicinal marijuana for pain management in a safety-critical role because it was not relevant to considering whether a council harshly sacked a worker who switched prescriptions to one containing THC.


Coles unlawfully calculating LSL: FWC

The FWC has ruled that Coles unlawfully calculated long service leave payments based on a seven-day rather than five-day week, while acknowledging there is "room for debate" on the meaning of an "ordinary working day", particularly for workers with variable rosters.


Fire service's "disturbing" response to underpayments

A government agency has been scolded for failing to pay travel allowances after admitting that it slipped its notice that the claims had been processed manually by two firefighters, one of whom retired while the other went on extended leave.


Compensation for teacher who lost "only job he ever had"

The FWC has ordered former IR Minister and Opposition Leader Bill Shorten's alma mater Xavier College to pay a teacher $14,000 for his unfair dismissal, ruling it harsh because he had never held another job and his messy desk, late marking and poor interactions with his colleagues did not justify his axing after 21 years of service.


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