Court and tribunal decisions page 147 of 377

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High Court grants VICT special leave, but on limited basis

The High Court has this morning granted special leave for Victoria International Container Terminal to appeal a full Federal Court ruling that cleared the way for what it maintains is a bid by a MUA "front man" to seek to overturn its enterprise agreement.

Wrong to deduct pay after safety stoppage: FWC

The FWC has held that DP World was not entitled to deduct pay from Port Botany workers who refused to work on a ship due to safety concerns, while finding it should provide half pay to those stood down after it received prohibition notices.

Unions' petition of offshore workers not "rigged": FWC

Granting unions a majority support determination for a highly casualised group of maintenance workers on offshore oil and gas facilities, the FWC has rejected an employer's claim they sought to "rig" the outcome by cherry-picking the best time to circulate a petition.



Tribunal rejects employer's bid for "forced examination" of worker

A worker seeking damages for psychological injuries allegedly suffered as the result of sexual assaults does not have to be examined by a doctor nominated by her employer or provide evidence of her visa status, a tribunal has ruled.

Prison officer's "takedown" not excessive: Bench

A prison officer has successfully challenged a finding that he was fairly dismissed for using excessive force on a prisoner with a psychiatric illness, an FWC full bench holding that Victoria's Department of Justice lacked a valid reason.

Costs a matter of interpretation: Court

A labour hire company has failed to win costs against an unrepresented worker who pursued his unfair dismissal claim through four adverse findings in the FWC and Federal Court, a judge ruling that the employer didn't help its cause by declining to provide an interpreter and by filing confusing and irrelevant material.

Worker weaponises employer's adverse action response

The FWC has rejected a company's objections and given the go-ahead for a worker who settled a general protections claim to use its response in that matter to run an underpayments case in the South Australian Employment Tribunal.

Multiple misconduct incidents justify dismissal: FWC

A bus driver who replied to a customer complaint by writing "f--k off I know nothing" on his employer's response form did not commit serious misconduct justifying instant dismissal, but his hampering of other employees performing business-critical tasks warranted his sacking, the FWC has found.