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Full court carpets Ross over "no decision at all"

A full Federal Court has delivered a pointed rebuke to FWC President Iain Ross, finding it could not consider a challenge to the decision of a Commission full bench he led because it was not, "with respect, any decision. . . at all".


Combination of five factors adds up to exceptional circumstances: FWC

The FWC has granted a two-day extension for an aged care worker to file her unlawful dismissal claim after finding the combined circumstances - including the Christmas Eve deadline, her worsening bipolar disorder symptoms and the anniversary of her mother's death - to be exceptional.


FWC upholds ejection of remorseless buttock-tapper

The FWC has upheld Star Casino's sacking of a food and beverage server who said he tapped a colleague's bottom in an act of comradery, accused three workmates of entrapping him and threatened to "raise hell" for his employer.


Six-year wait brought system into "disrepute": Bench

A full Federal Court has today, in declaring a Boral subsidiary vicariously liable for the 2009 s-xual harassment of a plywood grader, described a judge's six-year delay in delivering a contrary finding as bringing the justice system "into disrepute".


Prosecutor wins damages over exposure to child pornography

In a significant decision on duty of care, a former public prosecutor and mother of two traumatised by having to prepare a large volume of child sexual offence cases has been awarded more than $400,000 in damages.


Manager's assault claim in gold hotpants case rejected

In a decision contemplating the extent to which pleadings can be changed during proceedings, an appeal court has refused a manager's last-minute bid to claim he was assaulted by co-workers when "impelled" to perform in gold hotpants during a company conference.


Employer's blood-alcohol limit change "impermissible"

A tribunal has upended a large transport company's "unilateral" decision to change to zero its blood alcohol policy limit for contracted owner-drivers, finding a toolbox meeting and noticeboard postings did not meet the governing agreement's consultation requirements.


Glazier's dismissal ruling lacked reflection: Bench

An FWC member must rehear the unfair dismissal claim of a glazier sacked for frequent absences following surgery, a full bench finding he failed to consider whether the employer notified the worker of reasons later found to be valid or gave him a chance to respond.


Virgin Australia pilots sue for millions

A group of Virgin Australia pilots suing the airline for about $2 million claim a commitment to provide command positions or equivalent pay by mid-2016 entitles them to captains' future salary increases under a new deal, regardless of whether they perform the role.


Pink hair and s-xual objectification didn't justify sacking

The FWC has held that a service station operator "set about" dismissing a worker after she filed a compensation claim, unfairly sacking her over her pink hair, s-xual objectification of a male customer and derogatory comments, despite having some valid reasons.


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