Browsing: Institutions, tribunals, courts

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$380K for nurse who challenged race favouritism

An aged care home has been ordered to pay almost $400,000 in damages and penalties to a Chinese nurse summarily sacked after she complained that Filipino co-workers received more favorable treatment.


HR involvement had "adverse" impact: FWC

The Fair Work Act's compensation cap has operated inequitably to allow Guzman y Gomez to "benefit from its poor treatment" of a hard-working casual denied shifts while a HR manager maintained she remained employed, a senior FWC member has found.


Stockbroker's "fanciful" pursuit of advisors proves costly

A Melbourne stockbroking firm and its founder have been hit with compensation orders and penalties totalling more than $600,000, a Federal Court judge also directing them to cover the legal costs of two former advisors forced to defend "fanciful" claims their departure "destroyed" the business.


Mentoring all part of the job: Court

The Federal Court has rescinded a windfall for three emergency-call operators who stood to be reimbursed for years of unpaid mentoring allowances, after determining a lower court failed to account for training payments already made under the governing agreements.


"Bungled" hiring process not enough to reverse decision

A tribunal has pilloried a government department's efforts to fill a vacancy after observing that a senior nurse encouraged to apply had the role plucked away from her following the "catastrophic collision" of three internal processes.


"Renewed" negotiations render IBD bid premature: FWC

The FWC has rejected an individual bargaining representative's bid for an intractable bargaining declaration after finding negotiations with a major transport operator have merely "stalled" and are not yet at a stalemate.


Casual's "small window" of availability justified sacking: FWC

A casual Coles worker with limited availability has failed to overturn his sacking following a hiatus of more than three months, but the FWC says the store manager should have taken an additional step before dismissing him.


Permits granted after administrator derides "clowning"

A FWC presidential member has set out the extent to which he considers untested allegations should influence issuing of entry permits, while considering evidence that included CFMEU construction division administrator Mark Irving KC accusing a site manager of "play acting" in a confrontation with a union official captured on video.


Redundancy pot of gold halved

A listed gold producer has succeeded in halving a mine caretaker's redundancy pay after the FWC found that it trimmed the "uncomfortable" responsibilities in a proposed alternative role to the point where it almost mirrored his existing job.


FWC bench lights fire under UFU bargaining case

A FWC bench has refused a UFU request to further adjourn its intractable bargaining case with the FRV in an effort to keep the matter "on track" and has scheduled a three-week hearing, 18 months after it became the first vehicle to test the Commission's new deadlock-breaking powers under the Secure Jobs legislation.


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