Court and tribunal decisions page 347 of 374

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Bench upholds majority support order for senior employees

A Fair Work Commission full bench has rejected Alcoa Australia's appeal against a majority support determination the CFMEU secured last year for high level operators who had traditionally been on common law contracts.


High bar to challenging witness evidence: Full court

A full Federal Court has rejected a paramedic's attempt to overturn a finding that he was dismissed because of his aggressive behaviour towards management rather than because he exercised his workplace rights to complain about his job.

Employer can't make health assessments compulsory: FWC

The Fair Work Commission has ruled that it is unreasonable for an employer to direct workers to attend a compulsory health assessment designed to address high injury levels without first establishing genuine need.


Court penalises employer for adverse action due to mental condition

A court has accepted that a transport company made an ill employee's position redundant as part of a genuine restructure, but found it took unlawful adverse action when it detrimentally altered her position because of her mental condition.

Court upholds majority support order bid at Resmed

The AMWU has fought off another challenge to its representation of workers at a high-tech respiratory equipment manufacturer, after the Federal Court upheld the Fair Work Commission's power to issue a majority support determination.


Full bench upholds "no bullying" finding

A senior public servant has lost his challenge to a Fair Work Commission finding that his department was performance-managing rather than bullying him.

FWC "less than impressed" by employer's law firm

A senior FWC member has found that "extraordinary" circumstances justified the tribunal accepting a sacked employee's late unfair dismissal claim, while urging the employer to settle to avoid "further criticism and embarrassment for its conduct" and panning its law firm's role in the case.