Court and tribunal decisions page 148 of 374

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Newsflash: High Court overturns Mondelez leave decision

A High Court majority has rejected union arguments that employees working longer than standard hours are entitled to use those hours as the basis for calculating their entitlement to 10 days paid personal/carer's leave for each year of service.


FWC issues warning to performance-managed workers

In rejecting the unfair dismissal claim of a childcare worker who said she resigned because of bullying, a senior FWC member has observed it is "unfortunately easy" to respond to performance management with counter-allegations.

Case proceeds despite worker's "repeated" no-shows

In a decision illustrating how much latitude the FWC is prepared to give unrepresented applicants, an employer has failed to have a former worker's unfair dismissal claim binned despite his "repeated failures" to attend conferences.

Hitler parody worker wins $201K compensation, loses promotion

While ordering BP to pay more than $200,000 compensation to a reinstated worker who made a Hitler parody video of its protracted bargaining with oil refinery workers, an FWC full bench has allowed it to reduce his bonus and revoke a promotion.


Booming FWC workload confirms COVID-19 upheaval

New data from the FWC has confirmed the workplace upheaval being wrought by COVID-19, with a leap in unfair dismissal applications, stand-down disputes and agreement variations in pursuit of a wage freeze or deferral.

Court scuppers FWO's unlawful strike case against seafarers

The FWO's pursuit of penalties over a crew's "sit-in" on a decommissioned trading vessel has been potentially scuppered by a Federal Court finding that they were not covered by an agreement at the time.

Reinstatement after racist message due to "inexplicable" HR failings

The Reserve Bank must reinstate a senior network engineer who accidentally posted to a WhatsApp workplace group a racist message meant for his wife, the FWC finding its procedural failings despite HR expertise to be "simply inexplicable".

Wife's sacking ultimatum not a genuine retrenchment

A business operator forced to choose between retaining an employee or maintaining his relationship with his wife must pay six months lost remuneration after failing to convince the FWC that dismissing his national sales manager was a case of genuine redundancy.