Browsing: Fair Work Ombudsman and predecessors | Page 34 (2,156 items)



Sacked train driver acted in self-defence: FWC

The FWC has reinstated a train driver sacked for kicking and grappling with a stranger on a station concourse while on his way to work, after finding the employer failed to properly weigh his right to defend himself from attack.



Employer slugged $53K after ignoring FWC "recommendation"

In a powerful demonstration of the consequences of ignoring FWC recommendations, a court has ordered an employer to pay more than $50,000 in penalties and compensation after it failed to act on a commissioner's call to provide a teacher with details of an investigation before sacking her for allegedly tugging the earlobes of two students.


Demerger bids focus on future capacity, not the past: Bench

A FWC full bench has clarified that divisions seeking to demerge from unions under legislation introduced in 2020 cannot rely on allegations of past mismanagement, because consideration of such cases is limited to "forward looking" assessments of their capacity to represent members.


Reverend sacked over gay marriage stance not an employee: FWC

A Uniting Church reverend who received monthly payslips, superannuation contributions and Jobkeeper COVID-19 payments was not an employee capable of challenging his sacking for opposing same-s-x marriage, the FWC has found.


Employer cannot rewrite deal in its "afterlife": Bench

A FWC full bench has upheld a finding that Qube Ports cannot retrospectively vary expired agreements that no longer cover it in an attempt to avoid a major lawsuit over deductions of "gap" payments from up to 1000 wharfies' remuneration.


Email circumventing lawyers amounted to bullying: FWC

An accountant has won a rare interim anti-bullying order after the FWC agreed her employer "inappropriately" bypassed her lawyers by directly emailing a request that she attend a disciplinary meeting the following day.


Conflict-solving smarts learned at mum's knee: New member

A new FWC member has credited his mother-of-seven's "second-to-none" conciliation and mediation skills for his early-age lessons in conflict resolution, while a second new recruit has expressed his appreciation for his parents giving him every chance in life, lamenting that he "probably didn't take many of them".


Employer cannot dodge sharing worker details for PABO: FWC

In the latest of a rash of significant rulings on protected action ballots, the FWC's national practice leader for bargaining has insisted a bus company provide employee details despite its "uncommon concession" to rely on a union's database alone to develop a roll of voters.


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