Court and tribunal decisions page 156 of 371

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Members should hold unions to same standards as lawyers: FWC

Members who pursue unfair dismissal applications through their union should expect the same expertise and professionalism as would be provided by a lawyer, the FWC has found in granting an extension of time due to representative error.

Big miner penalised after HR manager's "opaque" evidence

A judge has highlighted an HR manager's "opaque" attempts at explanation in deciding to fine mining giant Glencore for failing to pay a retrenched employee his full entitlement for untaken long service leave.

No go for invalid vote as deal narrowly terminated

The FWC has approved the union-opposed termination of a clothing company's enterprise deal after observing it was not an "intellectual stretch" for an employee to correctly cast a vote that would have halted it.


SDA failed to act in sacked member's best interests: FWC

The FWC has today upbraided the SDA for its poor management of a conflict of interest at failed retailer Harris Scarfe, when the union's national executive decided to delay filing a member's unfair dismissal claim to avoid jeopardising the company's sale and preserve 1200 jobs.

Bad rap for "cowboy" boss HR couldn't corral

An HR manager unable to influence the "cowboy behaviour" of her employer has helped the FWC establish that he falsified an email to paint as a redundancy his sacking of a manager who complained about his brother.

Court stays prison term for Snapchat video

A court has stayed the imprisonment of an army cadet who posted an intimate video on Snapchat, finding numerous questions existed about whether he had been afforded a fair hearing by two military tribunals.

FWC extends time after late emergence of evidence

A worker has who discovered evidence, two weeks after the deadline for lodging an unfair dismissal claim, that her redundancy might not be genuine, has won an extension of time.

CFMMEU's "astounding" recidivism again factored into penalties

The see-sawing jurisprudence about whether historical workplace breaches should count towards penalties took another turn today, as a judge squarely positioned in the 'yes' camp affirmed that he would continue to factor-in the CFMMEU's "astounding" record, even for trivial offences.

HR manager's post-merger redundancy genuine: FWC

An HR manager has failed to convince the FWC that a newly-merged company didn't genuinely scrap his role, while his refusal to move from his home town cruelled any redeployment opportunities.