Browsing: HR Stream | Page 258 (5,690 items)


Double punishment rule thwarts regulators' hopes

In a significant ruling that might reduce penalties regulators can win for Fair Work Act breaches, the Federal Court has found that the legislation's double jeopardy provision prevents the imposition of separate fines for related contraventions arising from the same conduct.


No representational error when work declined: FWC

In refusing an extension of time application, the FWC has found incorrect advice that a "no-win/no-fee" law firm allegedly gave a worker about the cut-off date for lodging her unfair dismissal application would not constitute representational error as it declined her business.


Employer given "difficult task" to make deal compliant

An employer has been set the challenge of reverse engineering an agreement rejected on the basis it was not genuinely agreed, after the FWC observed that while achievable through undertakings it was nonetheless a "difficult task".


Court returns keys to twice-sacked prison officer

A prison officer effectively sacked twice after pleading guilty to assaulting three inmates has again won his job back, an appeal court finding that the IR commissioner who originally reinstated him had correctly focused on what is fair and just, rather than "the reputation of the government".


Contentious three-worker deal makes "business sense": Bench

An FWC full bench has quashed a decision not to approve a deal struck between Thiess and three pre-contract employees on the basis it was not genuinely agreed, remitting the Mount Pleasant mine agreement to a single member for redetermination.



BHP worker who flunked drug test allowed to challenge dismissal

The FWC has extended time for a BHP joint venture mineworker to lodge a general protections claim challenging his sacking over a failed drug test, but has agreed there is "great weight" to the employer's view that it is essentially an unfair dismissal application in disguise.


FWC member stands herself down over perceived bias

In a rare case of an FWC member standing themselves down, a commissioner has found that comments she made about the "vexatious" applicants in a discontinued anti-bullying case could lead observers to question her impartiality when considering a counter anti-bullying application by the original respondent.


BoM agreement with conditional rights gets icy reception from union

The CPSU says it will recommend Bureau of Meteorology workers reject a new agreement offer that relegates delegates' access rights to a side deal and makes them subject to management approval, vowing in the meantime to keep inserting campaign messages into the bureau's forecasts.


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