Browsing: Jurisdiction | Page 68 (7,635 items)

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FWC member did not "badger" anti-bullying applicant

A FWC member has rejected claims that she "badgered" a worker seeking anti-bullying orders after establishing that, contrary to his version of events, he would not be required to provide supporting documents until he "pressed the button" on arbitration.


Proposed RtD term needs clarification: Expert

The proposed "right to disconnect" modern award clause is "mostly suitable", but should clarify that the entitlement is a "workplace right" within the meaning of the Fair Work Act's general protections provisions and specify the dispute resolution procedure to follow, an employment and contract law academic says.


Struggle to obtain law-flouting employer's ABN excuses delay

The FWC has extended time for a worker's unfair dismissal claim by 24 days because his employer, which "flouted its legal employment obligations and ignored the FWO", withheld his payslips and employment contract, preventing him from identifying the entity that employed him.


Harmony on proposed casuals' award changes

A FWC full bench has won support from unions and employers for suggested variations to casual employment clauses in awards to avoid friction with Closing Loopholes changes that take effect next month, although the Ai Group has raised a "related issue" it contends needs to be resolved as part of the case.


Questionable drug sacking enough to win extension

The FWC has granted a worker a one day extension for his unfair dismissal claim due to the merits of his case, after he alleged his employer summarily dismissed him for a positive drug test taken during a period of annual leave, when its zero tolerance policy would not apply.


FWC sin-bins CFMEU agreements

The FWC will apply greater scrutiny to agreements made with the CFMEU's construction and general division, in the wake of allegations about the union's conduct.




"Significant" damage from strikes not just about dollars: Bench

A FWC full bench has clarified what constitutes "significant" damage to the national economy and when an employer can be considered an "important part" of it, in reasons for overturning the suspension of protected action by sugar industry workers.


Employer not required to produce investigation report

In a case that weighs up employer rights when conducting investigations under commonly-used agreement provisions, a FWC full bench has rejected a worker's request for an investigation report that details his alleged misconduct, but has suggested the employer re-open its probe because it denied him natural justice.


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