A small business owner and his company must pay more than $125,000 in compensation after a court found he s-xually harassed a 20-year-old worker with disabilities by asking about her fantasies and whether they would have s-x if they were dating.
The "unique" circumstances leading to a security guard being caught asleep in his own car during an overnight shift rendered his sacking unfair, the FWC has found.
A Federal Court majority has quashed a finding that the Black Coal Award requires BHP's Operations Services in-house labour hire arm to give its workforce two common public holidays off each year, and to cap shifts at 10 hours unless most employees agree to additional hours at overtime rates.
A court has upheld a finding that an energy company must pay portable long service leave charges for its maintenance employees at a Victorian power plant, because they are performing work in the "construction industry".
The FWC has ordered an employer to allow a mother with two young children – one with special needs – to mostly work from her outer suburban home, rebuffing its call for her to attend its Sydney CBD office two days a week.
In a revealing decision about the atmosphere at some FWC conciliation conferences, a tribunal member has declined to recuse himself from further hearing a matter despite accepting that a teenage worker and her father "may have taken umbrage" at his tone when expressing frustration at their propensity to stray off-topic.
The FWC has castigated a union delegate for abusing its anti-bullying processes to "settle personal scores" with managers, branding it "completely inappropriate".
The FWC has varied a NSWNMA staff deal after the majority voted to accept pay rises "not reliant" on record increases recently awarded to the State's nurses, with the tribunal also refusing an anonymous objector's bid for a public hearing.
A contentious random drug and alcohol testing regime can go ahead at Opal Packaging after a full Federal Court found both employer and union erred and in turn led the primary judge astray by focusing on who benefited from a requirement that the "status quo remain" in their dispute resolution procedure, while ignoring the rest of the clause.
The FWO is demonstrating an "appropriately cautious" approach to pursuing employers under new wage theft laws, the Closing Loopholes review has found, while a senator has separately told a parliamentary inquiry that the bar for prosecution might be too high.
