Court and tribunal decisions page 2 of 183

1822 articles are classified in All Articles > Legal > Court and tribunal decisions



Personal preferences would "mire" BOOT, says FWC

Approving a deal that lacks RDO and TOIL provisions contained in the retail award, a senior FWC member has warned the Better Off Overall Test would become "mired in speculation on subjective and unquantifiable matters" if he had to factor in the personal preferences of each employee.

Rail stoppage threat after court spikes free ride

While Metro Trains has secured a Federal Court injunction calling off industrial action that would have enabled Melbourne commuters to travel free, it now faces a four-hour stoppage that the RTBU claims to be a response to "aggressive attacks".

Bullying claim against charity enters "untested" territory

A major charity has been granted permission to use external lawyers against a self-represented foster carer in a complex case the FWC says may have broad consequences for the anti-bullying jurisdiction.

Court puts bite on recalcitrant, underpaying dentist

The former director of a liquidated dental practice has been penalised and ordered to backpay a 457 visa worker thousands of dollars after a second adverse underpayment judgment involving his company.

Exclusion from Christmas cheer "not bullying": FWC

The FWC has refused to issue an interim anti-bullying order against an employer that excluded a cleaner from a workplace Christmas celebration and refused to give her leave on Australia Day, but has criticised its "poor and clumsy" handling of the worker's complaints.

Newsflash: High Court rules on workplace Twitter case

The High Court has today unanimously struck down a ruling that a federal government department unjustifiably trespassed on the implied constitutional rights of an employee when it dismissed her over her political tweets.

CFMMEU seeks urgent review of PABO rejection

With the FWC about to redetermine a non-union Latrobe Valley power industry deal made with a handful of employees, the CFMMEU has lodged an urgent challenge to a decision denying it a protected action ballot order on the basis it was too late to propose an alternative, union deal.

Employer held accountable for "disestablishment" of role

A university faces possible reinstatement and penalty orders following a finding that it used redundancy to manage-out a complaining accountant who was considered by her supervisor to be "poisonous to the team environment".

HR title add-on helps sink council bid for external lawyers

The addition of 'human resources' to an acting health and safety advisor's job title has helped persuade the FWC that a council can rely on its own employees rather than external legal representation to defend an unfair dismissal case.