Court and tribunal decisions page 355 of 374

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Thomson dodges jail term

Former HSU national secretary Craig Thomson is a free man today, but lighter in the pocket, after the Victorian County Court decided against sending him to prison for stealing $5,000 from the union.

Court orders multi-million HSU repayment; Thomson decision Monday

The NSW Supreme Court has ordered former HSU East purchasing officer Cheryl McMillan and the director of a company that supplied goods to the branch at inflated prices to each make multi-million dollar repayments to the union.

Heavy-handed treatment not bullying: FWC

The Fair Work Commission has ruled that a childcare worker who received "heavy handed" treatment from her boss and intolerance and low-level anger from a colleague was not bullied under the Fair Work Act, but has recommended that the employer improve its performance management process.

Docks culture laid bare in MUA delegate's failed bid to regain job

Stevedoring giant DP World was entitled to summarily dismiss an MUA delegate who called a colleague a "f--king lagger" and instructed another worker to lie in a related investigation, and the sacking did not amount to adverse action, the Federal Court has ruled today.



Unsworn evidence denied employer natural justice: Bench

A Fair Work Commission member denied an employer procedural fairness when he allowed a self-represented unfair dismissal applicant to escape cross examination by giving unsworn evidence from the bar table, a full bench has ruled.

Open justice trumps suppression order in bullying case

The FWC has again refused to suppress the names of an employer and workers facing allegations of bullying, finding that the principle of open justice meant it shouldn't make confidentiality orders.

Rocky road for employer after FWC rules against relocation

A confectionery company's direction to its production workers to shift their jobs 34km across Sydney's southern suburbs breached their rights under their enterprise agreements and employment contracts, a FWC full bench has ruled today.

Start-up agreement coverage "fair" but fails BOOT

There is nothing inherently wrong with a "start up" business making with a small group of workers an enterprise agreement that will later cover a much larger number and a wider range of jobs, but it will need to pass the "better off overall test" for those future employees as well as the existing ones, a FWC full bench has confirmed.