Court and tribunal decisions page 15 of 200

1993 articles are classified in All Articles > Legal > Court and tribunal decisions


HR manager's silence scuttles marine deal variation

The FWC has prevented a large employer from varying an agreement after its HR manager failed to fully address concerns the amendment could remove some employees from coverage without their knowledge.

Guard awarded $30K after sacking over drunk patient clash

In a reminder of the need for employers to strictly follow disciplinary procedures, the FWC has ordered a hospital pay more than $30,000 to a former security guard unfairly sacked over his treatment of an absconding mental health patient.

Union "hack" did not damage NRMA brand: Court

The NRMA has lost a case that could have brought the entire field of IR within the operation of consumer legislation, after it failed to establish that the CFMMEU's maritime division breached consumer laws and maliciously damaged its brand during negotiations for Manly Fast Ferry workers.

Disputed dismissal date not given enough regard: Bench

A tribunal member failed to properly regard the disputed date of an embassy employee's dismissal in refusing to allow him to proceed with a general protections claim, an FWC full bench has found.

"Shock" $1 million legal bill led to director's sacking

The FWC has upheld a cattle station's sacking of a director for serious misconduct, finding he paid himself unauthorised leave and failed to inform the elderly business owners of escalating legal fees of more than $1 million.

Late dismissal case proceeds after employer caused "confusion"

The FWC has in accepting a worker's late unfair dismissal application overlooked her failure to include her former employer in emails seeking numerous time extensions, finding it balanced by her willingness to "engage" with the Commission in pursuing the matter.

Professor wins $1.2 million for "egregious" sacking

An academic found to have been unlawfully dismissed by James Cook University over criticisms of prominent climate research has been awarded more than $1.2 million, the presiding judge excoriating the institution over its "egregious abuse of power" and public statements intended to "sow doubt" about his findings.

Assembling before pre-start meeting starts clock on work: FWC

In a significant decision on the nature of work, the FWC has ruled that employees required to attend a worksite assembly point by a prescribed time before being transported to a pre-start meeting should be paid for the intervening period.

Union laments no-worker deal termination's "substantial" effect

In a decision traversing some of the challenges of protecting hard-won conditions in a difficult commercial environment, the CFMMEU has failed to block the termination of a construction deal no longer covering any workers after the company argued its uncompetitive terms and conditions hampered its ability to win new contracts.

Esky-throwing excavator drivers compensated for sacking

Two excavator operators who allegedly belittled trainees with "foul tirades" that left them so shaken one walked off the job have won compensation, the FWC finding their dismissal was procedurally unfair.