Court and tribunal decisions page 1 of 378

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Unpaid agent given all-clear in harassment case

A tribunal has accepted a barrister's assurances that an industrial advocacy firm is in no danger of breaching laws prohibiting payment for helping him to represent a real estate agent who is accusing her former employer and four ex-colleagues of s-xual harassment.

"Contractor" documents disguised employment relationship: Bench

In a decision with broad implications for the disability services sector, a care provider has failed to overturn a ruling that a worker who signed two contracts describing her as an independent contractor is in fact an employee capable of suing it for alleged unlawful dismissal.

Court scuttles casual teacher's bid for permanent role

The Federal Circuit and Family Court has rejected a casual TAFE teacher's bid via its small claims jurisdiction to pursue her employer for failing to convert her to permanency, as it slashed her hours in the six months before the first anniversary of her start-date.

Remote manager should rethink message-only communication: FWC

Misinterpretation of "curt or abrupt" messages between a remote manager and worker and "unhelpful" accusations of "frivolous and vexatious" complaints did not amount to bullying, but the manager might have needed support to better supervise his remote team, the FWC has found.

Doctor in witness box might have made a difference: FWC

The FWC has refused a six-day extension for a BCF store manager to challenge her sacking, but indicated that it might have granted it if a doctor who wrote a letter outlining her mental health issues had been called to give evidence.


Sacking followed perceived "badgering" of national HR chief

A company did not sack a worker for alleged safety breaches and unprofessional behaviour, but rather took unlawful adverse action when it decided to dismiss him because its national HR manager took his queries about pay and flexible work as "badgering" and harassment, a court has ruled.

Delete SJSP clause to pass deal, FWC tells Aldi

The FWC is seeking feedback on proposed undertakings that expunge an Aldi agreement's labour hire clauses, deemed invalid by the SDA because they try to circumvent same-job, same-pay provisions recently introduced into the Fair Work Act.

Westpac wins suppression orders in adverse action case

In a court ruling a major media organisation argues could curtail open justice "in every proceeding", a judge has blocked the release of documents until attempts to reach a mediated settlement in the adverse action case have been exhausted.