Browsing: Private (3,080 items)


Costs awarded after "heckling" from bar table

A judge has overlooked a lawyer's "deplorable" heckling from the bar table in awarding costs against an "experienced litigator" and his firm for persisting with a stay application that unreasonably extended a solicitor's dismissal challenge.


Anti-bullying orders target AI emails

The FWC has ordered quarrelling parties to refrain from using artificial intelligence tools in their communications, to avoid unnecessarily "lengthy" and "accusatory" AI-prepared emails.


Demarcation wording doesn't scuttle agreement: FWC

The AMOU has failed to persuade the FWC that a greenfields deal covering deck officers should be rejected because of a demarcation "side-deal" made with the AWU half a century ago.


"Integrity" concerns justified loan manager's sacking: FWC

The FWC has upheld Westpac's sacking of a veteran loan manager found to have accepted payments from customers and misused WhatsApp, with the tribunal rejecting his claims that it carried out a sham investigation in retaliation for his "whistleblowing".


Reinstatement for worker who tried to stop "swarm"

In a decision shining a light on real-world tensions in applying workplace safety policies, the FWC has reinstated a 67-year-old bottle shop attendant sacked after she feigned closing a roller door to spur a "swarm" of thieves to leave the store.


Dentons repels stood-down worker's pay claim

A court has affirmed that a law firm could treat an employee's silence as acceptance to being "furloughed" without pay during the coronavirus pandemic, rejecting his second-round bid to recoup about $50,000 via a small claims application.


Tick for docking annual leave during industrial action

The FWC has upheld a coal mining company's right to stop accrual of annual leave for employees when they take industrial action or are locked out, in a decision with potential implications for the wider industry.


Peabody abandons lockout before test case in FWC

Mining giant Peabody has shelved plans for a third lockout of workers at its Wambo Coal Handling Preparation Plant after the MEU launched a legal challenge to the company's right to take the industrial action.


FWC pans consulate's "fixed-term" retirement policy

A consulate must compensate a driver whose contract demanded he retire at 65, with a senior FWC member finding no reason why India's government cannot revise its "discriminatory" compulsory retirement policy for Australian-based employees.


FWC not sweet on Mars HR manager

In a significant decision on apportioning blame for safety breaches, the FWC has ordered the reinstatement of a supervisor for confectioner Mars after finding a HR manager conducted a "too narrow" investigation of the aftermath of an incident involving a forklift piercing an 850kg carton of mints.


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