Court and tribunal decisions page 13 of 183

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


Former manager doesn't qualify for whistleblowing protections: CBA

The Commonwealth Bank has denied bullying and retrenching a former general manager for revealing a scheme allowing colleagues to artificially boost bonuses, claiming also that his actions did not qualify for whistleblower protections and that he cannot pursue his claim under the terms of his deed of release.

"Come talk like a real man", employer urges FWC applicant

The FWC has rejected an employer's claim it did not summarily dismiss an apprentice by text, describing a later email in which the teenager was told "we are holding your position open" as a "retroactive" attempt to characterise the worker as having quit.

BHP cleared to make "lifestyle" roster changes

The FWC has affirmed BHP's right to introduce roster changes recognising "lifestyle arrangements" and made a call on what constitutes "significant" support for them, after the CFMMEU failed to establish that an agreement clause only allows for bottom-up instigation.

Patchy process did not deny sacked welder a fair go

An employer who failed to record a worker's serial misconduct, provide a written warning or give him an opportunity to respond nevertheless did not deny him a fair go when forcing him to resign following a brief lunch room meeting, the FWC has found.

Sacked worker not told her domestic violence history "relevant"

The FWC has reproached a childcare provider for failing to inform a worker that her past experience in a violent relationship was a "relevant" factor in its decision to dismiss her after she challenged a co-worker to a fight.

Leading IR academic accuses law school head of bullying

An IR academic and a law lecturer who accused the head of La Trobe University's Law School of bullying have failed to convince the Federal Court to suppress their names in his legal challenge to an investigation into their complaints, the judge finding their identities had already been revealed by an industry publication.

Bench throws out "ersatz" bid to quash Woolies deal

RAFFWU is yet to concede defeat on a bid to quash Woolworths' 2012 agreement, after an FWC full bench threw out its challenge to the approval of the retailer's replacement deal and accused it of trying to deprive some team members of an allowance "merely to aid" its termination application.

Transphobic references won't "throw me off my game": Commissioner

A tribunal member has decided against involving the federal police in the case of a persistent applicant who accused him of corruption, further refusing to be "thrown off [his] game" by the man's "transphobic" references to him.

Fine calculations put dismissed manager $315 over income threshold

The FWC has thwarted a manager's unfair dismissal claim by assessing his earnings as $315.02 above the high income threshold, rejecting his arguments that his car allowance, annual leave loading and mobile phone should be excluded from the total.