Court and tribunal decisions page 143 of 374

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Updated: DP World seeks urgent halt to industrial action

The FWC will on Saturday hear an application by DP World to terminate industrial action at its Port Botany container terminal, with the stevedore claiming that new bans on performing work by operating equipment at the "slowest possible safe speed" will effectively create a "permanent go-slow".

Insistent on-hire worker reasonably refused Coles shifts: FWC

The FWC has rejected an on-hire warehouse worker's unfair dismissal case after weighing evidence that he hectored his supervisors so much about returning after an accident that he was put on client Coles' "do not hire" list.

Missing dismissal email an "unexplained vagary of cyberspace": FWC

The FWC has reinforced the importance of dismissals being communicated face to face after finding that a worker's claim she never received an emailed termination letter had to be put down to an "unexplained vagary of cyberspace".

Sacking costs listed company $1.1m despite unsigned contract

An ASX-listed investment house that summarily dismissed an executive director without explanation must pay $1.1 million in damages, after the absence of a signed contract left a court to assess her implied bonus and notice terms.

Heavy fines for employer that orchestrated safety rep's dismissal

An employer and director have been hit with near-maximum fines totalling $60,000 in recognition of the seriousness of the "contrived" dismissal of an OHS representative who raised safety concerns with the workplace regulator.

FWC "misconstrued" approach to general protections cases: Full court

In a significant decision unsettling the FWC's approach to general protections applications, a full Federal Court has ruled that a Commission bench "misconstrued" limitations on the tribunal's powers to first establish whether workers have been dismissed before considering such matters.


High Court grants VICT special leave, but on limited basis

The High Court has this morning granted special leave for Victoria International Container Terminal to appeal a full Federal Court ruling that cleared the way for what it maintains is a bid by a MUA "front man" to seek to overturn its enterprise agreement.

Wrong to deduct pay after safety stoppage: FWC

The FWC has held that DP World was not entitled to deduct pay from Port Botany workers who refused to work on a ship due to safety concerns, while finding it should provide half pay to those stood down after it received prohibition notices.

Unions' petition of offshore workers not "rigged": FWC

Granting unions a majority support determination for a highly casualised group of maintenance workers on offshore oil and gas facilities, the FWC has rejected an employer's claim they sought to "rig" the outcome by cherry-picking the best time to circulate a petition.