Court and tribunal decisions page 138 of 374

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FWC accepts stressed WFH paralegal responsible for delay

The FWC has extended time for an employee sacked for allegedly persistently flouting a COVID-19 OHS plan, after it accepted her law firm's explanation that the stresses of working from home hampered the mental health of the paralegal responsible for lodging her claim.

FWC set to extend paid pandemic leave until late March

A five-member FWC full bench has today given any objectors until Monday to respond to its "provisional view" that it should extend COVID-19 paid pandemic leave provisions in three major health awards for five months.

Judge carpets "intransigent" federal agency

The Federal Circuit Court has criticised the Federal Department of Agriculture for taking a "belligerent", "intransigent course" in resisting an extension of time and seeking costs against a former employee despite her lawyers accepting full responsibility.

Bonus smokes supervisor's dismissal claim

A marijuana-smoking supervisor who allegedly resigned after declining a drug test has had his unfair dismissal claim thrown out because a "project uplift" allowance of at least 25% counted as earnings that pushed him beyond the high-income threshold.


Don't cloud judgements with moral denunciations: Full court

A five-member full Federal Court has today warned judges against allowing "moral judgements" to intrude when they are imposing penalties, in overturning heavy fines for a CFMMEU "no ticket, no start" transgression after a judicial officer took the wrong approach to its "recidivist" history of contraventions.

FWC modifies agreement after ABCC objection

The FWC has varied a construction supply company's newly-approved deal after the ABCC objected to its consultation clause, maintaining it was inconsistent with the building code's freedom of association requirements.

Uber says class action too reliant on hypothetical claims

The Uber group of companies is contending that a class action by almost 8000 taxi drivers, operators and licensees relies excessively on "hypothetical" allegations about matters that are claimed to be "typical".

Panel confirms suggestive poster discriminatory

In a decision upholding a finding that Sydney Water and a consultancy discriminated against a worker by displaying her photo on a poster titled "Feel great - lubricate!", a tribunal has confirmed even inadvertent double entendres can constitute s-xual harassment.

"Strongly-held belief" no proof of pregnancy discrimination

A court has rejected a worker's claim that her employer discriminated against her because of her pregnancy, finding no evidence that her colleagues had any knowledge of it before she initially lodged a complaint with the Human Rights Commission.