Court and tribunal decisions page 16 of 374

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Refusing to negotiate hampers DPW cool-off bid

Container terminal operator DP World's refusal to bargain while MUA members take protected action has contributed to a FWC finding that it would not be in the public interest to suspend it for a 90-day "cooling off" period.

Business sale restarts casual conversion clock: FWC

The FWC has held that it cannot deal with a worker's casual conversion dispute as the recent sale of the business she works for has restarted the clock on her requirement to complete 12 months' service with her current employer.

FWO steps up pursuit of underpaying economist

A court has issued rare orders compelling a former economics professor to face FWO questions under oath about his capacity to pay penalties and compensation arising from underpayment judgments handed down in 2019 and 2020.

Supervisor given some "latitude" in bullying case

In a decision delving deeply into the statutory definition of bullying, a senior FWC member has observed that allowances should be made for "some degree of exasperation or tension" between managers and those they supervise.

Ticker troubles explain tardy application: FWC

The FWC has waved through a former company director's late unfair dismissal claim after accepting evidence that the deadline fell on the same day as her treatment for a heart condition allegedly exacerbated by her ex-husband "vengefully terminating" her employment.

Court rejects director's bid to save on lawyers

A director's argument that he is well qualified to represent his company in an underpayments case has fallen flat, a court citing a "lack of objectivity" as being among the reasons to reject the proposition.

Severe mental health issues mean no double-dipping: FWC

A worker who lodged a general protections claim after the FWC discontinued their unfair dismissal application has not offended the Fair Work Act's anti-double dipping provisions after the onset of a severe mental health condition left them unable to pursue their initial challenge, the tribunal has held.

Unvaccinated worker awarded $55K compensation

The FWC has rejected an employer's argument that commissions should not be included in calculating compensation for an account manager found to have been unfairly sacked after refusing to get a COVID-19 jab.

Representation ruling putting members into a spin

A FWC deputy president has taken aim at a full bench's quashing of one of his decisions, saying it appears members are "expected to essentially run around in a series of ever decreasing circles" when parties change their representation status.

Court clears way for UWU to dismiss organisers

The Federal Court has refused to restrain the United Workers Union from dismissing two organisers who claim it subjected them to unlawful adverse action, finding the union's evidence "all-but-overwhelming".