Court and tribunal decisions page 14 of 183

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


Unintentional, but irregular worker was an employee: FWC

In the latest ruling on the distinction between independent contractors and employees, the FWC has found that a graphic designer whose hours for related small employers were "negotiated" on a weekly or fortnightly basis over almost three years was capable of being dismissed.

FWO hit with costs order after shipping case runs aground

The FWO must pay half the legal costs of a Norwegian shipping company accused of short-changing 60 crew, the Federal Court chastising the watchdog for "doggedly" pushing to hold it liable even though it already repaid them, fully cooperated and could not have known of the contraventions.



Member's reasoning on uni sacking "self-evidently flawed": Bench

An FWC member was "clearly wrong" in concluding a university maintenance worker's threatening behaviour that included driving dangerously on campus fell short of that relied upon by his employer for dismissal, a full bench declared in overturning her finding of harshness.



Have a heart, says full bench

An FWC full bench has upbraided a member for "inviting" an employer to seek to strike out an unfair dismissal claim after the employee failed to follow directions, holding that he didn't meet deadlines due to his baby son's medical condition, which required heart surgery.

Medical director not a danger to public: Tribunal

A tribunal has ordered a health service to reinstate the chair of its credentialing committee dismissed for his role in appointing to an obstetrics job a recovering alcoholic suspected of falling off the wagon at work, rejecting as "absolute codswallop" its claim that the chair now poses a danger to the public.

Nothing "repugnant" about future deals clause: Bench

A major civil construction company has successfully toppled an FWC full bench finding that its proposed agreement unlawfully allowed workers to be covered by future deals ahead of its nominal expiry date.