Browsing: Jurisdiction | Page 420 (8,631 items)

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FWC's arbitral powers maintained under inherited deal: Full court

In a significant, if split, decision on the FWC's jurisdictional ambit, a majority full Federal Court has ruled that the tribunal would not be invalidly exercising judicial power if it arbitrated a dispute under an agreement an employer inherited after winning a Defence Department tender.


Workers' comp "joke" no basis for sacking: Tribunal

The FWC has lambasted an employer over the "unconscionable" sacking of a casual who said he was just joking about making a workers' compensation claim after a COVID-19 related standdown, ordering compensation equal to 24 weeks of JobKeeper.


No costs security for challenge to bushfire recovery sacking

A Laing O'Rourke manager charged with overseeing the NSW Government's bushfire clean-up program has fought off a $150,000 costs security order as he challenges his summary sacking for allegedly intimidating property owners while partying during the recovery effort.


Lawyer tried to "milk a penalty" in recusal hearing: Boyce

In a decision meticulously examining notions of bias, a FWC presidential member has declined to recuse himself at the same time as taking a swing at a lawyer arguing he breached a "golden rule" by privately communicating with a party seeking anti-bullying orders.


Order halts protected action at robo-terminal

Highly-automated stevedore Victoria International Container Terminal won an interim anti-industrial-action order late last week that halted an escalating MUA campaign that included a 36-hour protected strike due to begin on Sunday morning.


Managers didn't want to punch the clock, claims class action target

Australia's largest independent grocery retailer in defending a $20 million class action has admitted to breaching leave loading requirements, but otherwise denied it should have paid salaried employees for extra hours or recorded their additional time.


Costs awarded in worker's "groundless" case

The FWC has made a rare costs order against an unfair dismissal applicant who filed her case while unsure if she had in fact quit in the heat of the moment, before discontinuing it less than 24 hours before the hearing.


UK Uber ruling challenges gig economy model: Unions

Unions say Uber's failure to convince the UK's Supreme Court that its drivers are independent contractors or that their working time only includes periods carrying passengers is set to be "very persuasive" in the Australian context.


Sams slams law graduate in full-throated FWC sign-off

A retiring presidential FWC member has used his final ruling to deliver a withering character assessment of a law graduate and question the benefit of GPs providing mental health appraisals in cases alleging bullying.



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