Court and tribunal decisions page 15 of 368

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Suggestion of criminal behaviour "intimidatory": FWC

The FWC has castigated an employer for its "unconscionable" and "intimidatory" written notice suggesting that a casual duty manager committed theft and fraud when she failed to pay for a drink or offer an explanation for missing stock, while it has also lambasted its representative, Clubs NSW, for its "unprofessional" conduct in characterising her conduct as criminal.

Unsteady kitchen hand not afforded "basic decency": FWC

The FWC has upheld the sacking of a kitchen hand who turned up intoxicated in his own time to prepare for his next shift, but has berated the employer over its "failure to exercise basic decency" when leaving him to find his own way home.

Work "trial" did not signal start of continuous service: FWC

The 12-day gap between a concreter's two-day "trial" and starting full-time work did not count as "continuous" employment, leaving him just shy of the statutory minimum necessary to challenge his dismissal, the FWC has found.

CEO's sacking for credit card use no "witch hunt": Court

A court has thrown out claims by a HR consultancy's former chief executive that she experienced relentless bullying, unilateral pay deductions and an excessive workload before her unlawful sacking in 2020 for allegedly misusing a corporate credit card.

Vaccination refusal not a repudiation of contract: FWC

Australia’s largest family-owned office supplies company unfairly sacked an account manager when it claimed she repudiated her contract by refusing to get a COVID-19 jab, the FWC has found.

Worker's failure to heed FWC's "important note" scuttles court case

A court has refused to grant a self-represented on-hire worker a second extension of time to pursue his "confusing" adverse action case, finding too many gaps in his explanation for a 10-week delay during which he badgered the FWC to arbitrate the matter and travelled overseas.

FWC bench derails loco division demerger push

The FWC has rejected the Victorian Locomotive Division's bid to demerge from the RTBU, just weeks after it issued a plea to a Senate inquiry to block a Closing Loopholes provision aimed at shuttting the door on such disamalgamations.

UFU IBD bid heading to arbitration

The FWC's first intractable bargaining declaration looks set to referred tomorrow for arbitration following a fortnight of further negotiations between the UFU's Victorian branch and Fire Rescue Victoria.

SDA chided for "suboptimal" approach to McDonald's class action

A judge who rejected a SDA bid to prioritise its breaks case against McDonald's by staying an earlier RAFFWU-backed class action has contrasted the "lacklustre and misdirected approach" of the country's second-largest union with that of the unregistered, seven-year-old union and its lawyers.