Court and tribunal decisions page 13 of 370

3696 articles are classified in All Articles > Legal > Court and tribunal decisions


Representation ruling putting members into a spin

A FWC deputy president has taken aim at a full bench's quashing of one of his decisions, saying it appears members are "expected to essentially run around in a series of ever decreasing circles" when parties change their representation status.

Court clears way for UWU to dismiss organisers

The Federal Court has refused to restrain the United Workers Union from dismissing two organisers who claim it subjected them to unlawful adverse action, finding the union's evidence "all-but-overwhelming".

Holiday trade-off should not be scrapped without bargaining: FWC

An employer seeking to be covered by an existing agreement could potentially "operate in a better way" if a clause granting five days leave in return for working on three public holidays is removed, but the FWC has found the change would deny employees the chance to use the entitlement as a bargaining chip.

Unpursued case ousted after "novel question" explored

A senior FWC member should have considered a worker's "genuine belief" that he lodged his general protections claim on time, even though he had in fact filed a blank unfair dismissal form, a full bench has held in tackling a novel question about when an application is made.

$600K fine for unlicensed labour supplier

A business that knowingly and repeatedly breached labour hire licensing laws has been fined more than $600,000, which is believed to be the highest in Australian labour hire law history.

Wrong line: FWC roasts employer after cocaine sacking

The FWC has reinstated a Sydney Trains worker who used cocaine while on leave, after lambasting the employer for not making it clear that it tests for use rather than impairment and for failing to take on board earlier criticism of its drug and alcohol policy.

Pay discount upheld for drinking, smoking teacher

A teacher who smoked and lifted a cask of wine above his head to drink from its tap during a video meeting to discuss online learning during a COVID-19 lockdown has failed to overturn a decision to dock his pay for a year.

Indemnity costs after groundless jurisdictional objection

The FWC has levelled indemnity costs against an employer that claimed to be acting on FWO advice when it objected to a former employee's adverse action case on the basis that her post-ANZAC Day filing pushed it beyond the statutory deadline.

Chest infection a temporary disability: Court

A court has ordered a cafe to pay a teenage worker $7300 compensation, including $6000 for hurt and humiliation, after it took unlawful adverse action because of his temporary disability when it dismissed him for calling in sick due to a chest infection.

Chef's adverse action claim back on menu

A FIFO chef's one-day-late adverse action application can proceed after the FWC accepted that he did not realise he filed 12 blank pages in support of his claim.