Court and tribunal decisions page 135 of 377

3767 articles are classified in All Articles > Legal > Court and tribunal decisions


Dishonesty valid reason for delegate's dismissal

After the FWC reinstated one of two truck driver TWU delegates involved in a punch-up, it has now upheld Toll's dismissal of the second driver because he lied during its investigation – a reason not relied on by the employer.

Wharfies should have heeded health chief's COVID advice: FWC

The FWC has found the MUA should have followed the NSW chief medical officer's advice to return to the docks after OHS representatives issued a "cease work" order in response to wharfies contracting COVID-19 in the early stages of the pandemic.

FWC bench didn't "grapple" with conflicting terms: Full court

An FWC bench led by President Iain Ross "made no attempt" to analyse how model and agreement redundancy terms would operate in conjunction when assessing whether 21 seafarers had been fairly dismissed, a full Federal Court has found.

NTEU bemoans "cancel culture" as court upholds academic's sacking

The NTEU is seeking to strengthen academic freedom clauses to protect university staff from "cancel culture" after a court found no legally enforceable right in measures relied on by sacked Sydney University lecturer Tim Anderson.

Variation rebuffed for questionable agreement

The FWC has rejected an "incompetent" bid by a company's employment services provider to vary an agreement that does not list it as the employer, questioning whether the deal was validly made in the first place.

Full court majority backs coercion call, despite procedural flaws

A full Federal Court majority has found a judge did not deny a building contractor procedural fairness by failing to put it on notice before declaring it breached non-pleaded coercion provisions, during a meeting with undertones of The Godfather.

Corrupt former HSU leader Jackson avoids jail

A Victorian County Court judge has held that former HSU official Kathy Jackson "selfishly" misused about $103,000 in union funds, but has handed down a wholly-suspended two-year jail sentence.

Workpac wins chance to overturn Rossato judgment

The High Court has today granted labour hire company Workpac special leave to challenge the full Federal Court's momentous Rossato casual employment ruling.


Broncos' retrenchment of assistant coach genuine: FWC

The FWC has declined to hear an NRL assistant coach's late claim that his club unfairly dismissed him during the season's temporary suspension due to COVID-19, but has conceded that he might reasonably feel "particularly aggrieved" about his selection for redundancy.