Court and tribunal decisions page 137 of 374

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Big employer fell short of its investigation standards: FWC

An ASX-listed company failed to meet its own standards for investigating alleged misconduct when it neglected to interview two key witnesses and relied upon a manager's inaccurate account of a worker's response to accusations, the FWC has found.

COVID-19 "disconnect" compelled chair's replacement: Company

An ASX-listed agribusiness accused of constructively sacking its chair when it cut his pay by $200,000 and demoted him claims it replaced him after COVID-19 caused a "disconnect" and its chief executive and secretary both complained about his conduct.

Leadership settled in newly-unified FAAA

The AEC has confirmed that candidates for leadership positions in the Flight Attendants' Association's new unified structure have been elected unopposed, making Teri O'Toole its first federal secretary in control of international and domestic assistant secretaries.

Police officer's side hustle reason to lose confidence: Bench

A tribunal full bench has upheld a former senior constable's removal from the force after he become embroiled in criminal and integrity matters arising from his involvement in a bakery business, finding the police commissioner entitled to lose confidence in his honesty.

Labor's questions divert ROC's attention

The Registered Organisations Commission has spent up to 42% of its recent work time responding to questions on notice from Labor's Senator Kimberley Kitching, according to one of its senior officers.


Legal representation denied despite "difficulties" for HR manager

The FWC has found that allowing a large employer to be legally represented would be "manifestly unfair", rejecting its argument that excessive complexity would arise from its HR manager having to conduct the case and act as a witness.

Bench refuses to overturn COVID-19 pay-reduction variation

In a decision traversing the circumstances in which the FWC will make findings about the legal status of Fair Work regulations, a full bench has rejected a bid to quash a coronavirus-driven agreement variation on the basis that recently-repealed shorter access provisions were invalid.

Tribunal reverses safety sacking

The FWC has ordered the reinstatement of a mine under-manager with an impeccable 40-year work record but docked $55,000 from his pay for misconduct that resulted in a colleague straining his leg.