Court and tribunal decisions page 12 of 196

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"Shock" $1 million legal bill led to director's sacking

The FWC has upheld a cattle station's sacking of a director for serious misconduct, finding he paid himself unauthorised leave and failed to inform the elderly business owners of escalating legal fees of more than $1 million.

Late dismissal case proceeds after employer caused "confusion"

The FWC has in accepting a worker's late unfair dismissal application overlooked her failure to include her former employer in emails seeking numerous time extensions, finding it balanced by her willingness to "engage" with the Commission in pursuing the matter.

Professor wins $1.2 million for "egregious" sacking

An academic found to have been unlawfully dismissed by James Cook University over criticisms of prominent climate research has been awarded more than $1.2 million, the presiding judge excoriating the institution over its "egregious abuse of power" and public statements intended to "sow doubt" about his findings.

Assembling before pre-start meeting starts clock on work: FWC

In a significant decision on the nature of work, the FWC has ruled that employees required to attend a worksite assembly point by a prescribed time before being transported to a pre-start meeting should be paid for the intervening period.

Union laments no-worker deal termination's "substantial" effect

In a decision traversing some of the challenges of protecting hard-won conditions in a difficult commercial environment, the CFMMEU has failed to block the termination of a construction deal no longer covering any workers after the company argued its uncompetitive terms and conditions hampered its ability to win new contracts.

Esky-throwing excavator drivers compensated for sacking

Two excavator operators who allegedly belittled trainees with "foul tirades" that left them so shaken one walked off the job have won compensation, the FWC finding their dismissal was procedurally unfair.


Put names to dismissal decisions, FWC tells employers

A senior FWC member has cautioned companies against sending dismissal decisions "up the line" without revealing the final signatory's name, observing such opacity could influence whether the process is found to be fair.

Ex-employee brought case to promote advocacy business: Judge

An ex-security officer turned industrial advocate has given undertakings not to commence any further Federal Circuit Court proceedings against his former employer, a judge holding that he used a back payment claim to promote his services and represent others without the standing to do so.

Lawyer not sacked for political stance: Court

The Federal Court has upheld a lawyer's dismissal after he strongly criticised clients of his firm in a newspaper opinion piece, the judge finding his contract "expressly" stipulated both parties could terminate the relationship without cause on three months' notice.