Browsing: Court and tribunal decisions | Page 9 (4,274 items)


"Amorphous" adverse action claims scuttle case

A chief financial officer who made exaggerated claims to "shoehorn" them into adverse action provisions has failed to establish that his complaints about homophobic jibes and supposedly illegal accounting practices led to his unlawful sacking.


First unfair termination case hits roadblock

In the FWC's first ruling on new laws enabling road transport contractors to contest termination, the FWC has ruled that a director of a delivery company cannot make a claim because he did not perform a "significant majority" of the work, delegating it to others instead.



Big costs order against paid agent

A paid agent from the "school of hard knocks" is facing a costs bill of almost $30,000 after an employer racked up unnecessary legal expenses due to his unreasonable handling of a worker's unfair sacking case.



Peabody locks out mineworkers for a week

The MEU says its members at a Peabody underground coal mine near Wollongong have been "blindsided" by the company's week-long lockout of 160 mineworkers, saying it is a disproportionate response to limited protected action.


"Retention payment" doesn't count towards income cap

The FWC has cleared the way for a project manager to pursue his unfair dismissal claim after finding his retention payments do not push him above the high-income threshold as they are not "earnings".


Admin laws don't breach implied freedom: Court

This week's High Court ruling upholding the CFMEU construction and general division's administration confirms the legislation does not ban political communications or donations, despite assurances made during its passage through Parliament.


FWO suffers rare fail mark in university case

In a significant ruling on calculating academics' payments for time spent marking course work, a Federal Court has found the FWO's compliance notice served on an allegedly underpaying private university "bad at law".


High Court ruling paves way for reforms: Irving

CFMEU construction and general division administrator Mark Irving says today's High Court decision upholding the administration "paves the way for the greater systemic reforms" needed for the union and the broader industry, while the Albanese Government says it will give him "all necessary support".


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