Browsing: Institutions, tribunals, courts | Page 51 (4,209 items)

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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.


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.


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.


Manager fails to sharpen unreasonable hours case

A judge has compiled a checklist for workers pursuing employers over unreasonable hours, highlighting the difficulties a product marketing manager faces in building her adverse action case without detailed evidence of workloads, deadlines and demands to complete tasks.


Universities' fixed-term contracts next in line for FWC scrutiny

The use of rolling fixed-term contracts in the tertiary education sector is set to come under close scrutiny by a FWC full bench, while the tribunal has also moved ahead with its review of two arts sector awards in the wake of its inconclusive "targeted" examination of modern awards.


FWC asked to "fix up" road transport contract chains

The TWU has filed the last of its promised applications aimed at overhauling standards in the road transport industry, asking the FWC to make a contractual chain order imposing 30-day payment deadlines and compulsory rate reviews, while prohibiting unfair "set-off" terms.


Manager to pay $500K for soliciting clients

An account manager who helped to lure 45 clients to a rival has been ordered to pay $500,000 to his former employer, after a judge highlighted the difficulty of gathering evidence in a case in which one of the manager's mobile phones surfaced after being "immersed in water" and another "met with the unhappy fate of being run over by a lawn mower".



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