Court and tribunal decisions page 144 of 374

3734 articles are classified in All Articles > Legal > Court and tribunal decisions




Tribunal rejects employer's bid for "forced examination" of worker

A worker seeking damages for psychological injuries allegedly suffered as the result of sexual assaults does not have to be examined by a doctor nominated by her employer or provide evidence of her visa status, a tribunal has ruled.

Prison officer's "takedown" not excessive: Bench

A prison officer has successfully challenged a finding that he was fairly dismissed for using excessive force on a prisoner with a psychiatric illness, an FWC full bench holding that Victoria's Department of Justice lacked a valid reason.

Costs a matter of interpretation: Court

A labour hire company has failed to win costs against an unrepresented worker who pursued his unfair dismissal claim through four adverse findings in the FWC and Federal Court, a judge ruling that the employer didn't help its cause by declining to provide an interpreter and by filing confusing and irrelevant material.

Worker weaponises employer's adverse action response

The FWC has rejected a company's objections and given the go-ahead for a worker who settled a general protections claim to use its response in that matter to run an underpayments case in the South Australian Employment Tribunal.

Multiple misconduct incidents justify dismissal: FWC

A bus driver who replied to a customer complaint by writing "f--k off I know nothing" on his employer's response form did not commit serious misconduct justifying instant dismissal, but his hampering of other employees performing business-critical tasks warranted his sacking, the FWC has found.

Worker seeking to maintain JobKeeper cleared to challenge sacking

A casual waitress who filed an unfair sacking claim almost 50 days after her employer sent her a dismissal letter and removed her from JobKeeper does not need an extension as she was unaware of the development, the FWC has held.

Client ordered to pay for barrister's advice

A tribunal has ordered a former client of IR barrister Tim Donaghey to pay him $3500 for legal advice, while dismissing her $15,000 compensation claim against him for alleged distress, harassment and the exacerbation of a psychiatric injury.

FWC backs Coles' weekend rostering arrangement

The SDA has failed to establish that rostering provisions in the Coles Supermarkets agreement should stop the supermarket giant from forcing a team leader with children's soccer and babysitting commitments to increase her weekend shifts.