Court and tribunal decisions page 15 of 371

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Indemnity costs after groundless jurisdictional objection

The FWC has levelled indemnity costs against an employer that claimed to be acting on FWO advice when it objected to a former employee's adverse action case on the basis that her post-ANZAC Day filing pushed it beyond the statutory deadline.

Chest infection a temporary disability: Court

A court has ordered a cafe to pay a teenage worker $7300 compensation, including $6000 for hurt and humiliation, after it took unlawful adverse action because of his temporary disability when it dismissed him for calling in sick due to a chest infection.

Chef's adverse action claim back on menu

A FIFO chef's one-day-late adverse action application can proceed after the FWC accepted that he did not realise he filed 12 blank pages in support of his claim.

Late application to proceed after IR consultant's email fail

The FWC has found an IR consultant's failure to check his emails after business hours on a Friday or the following Monday wholly to blame for a day-late unfair dismissal claim, extending time for his client to argue it unfairly retrenched her after she converted to casual employment.

Personal fine for official who knocked manager's hat off

A CFMMEU official who pushed a site manager and knocked his hard hat off has copped a $10,500 fine and orders to personally fork out 30%, while the repeat offender's latest transgression has cost the union more than $70,000.


Sacked wharfie's explanation not blame-shifting: FWC

Qube Ports must reinstate a stevedore who pranged a client's $70,000 Mercedes after an operations manager mistook her explanations as an attempt to excuse her behaviour or shift the blame.

"Sporadic" web browsing doesn't justify sacking: FWC

An intellectual property firm fumbled an employee's summary dismissal when it switched from highlighting his deficient performance and conduct to "dishonesty" over time spent browsing the internet "for items of personal interest", the FWC has found.

Continuing bullying a "failure of leadership": FWC

Former Toll subsidiary Team Global Express has avoided anti-bullying orders through the resignation of a perpetrator and taking significant measures to remove the risk of further substandard conduct, but the FWC has called on it to address a "failure of local leadership".

BHP changed housing regime to axe workers' tenancy rights: Bench

A FWC full bench has upheld a ruling that BHP must continue to deduct a $60 weekly housing subsidy from remote mineworkers' pay, saying that the company halted the deductions to remove tenancy rights, rather than as an "act of gratuitous generosity".