Court and tribunal decisions page 170 of 371

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Court grounds pilots' adverse action case

A pilots' union that established in the High Court that it could pursue a case on behalf eligible of non-members has lost its substantive case accusing budget airline Regional Express of threatening adverse action against cadets who exercise a workplace right.

Court fines AWU for adverse action against members

The Federal Court has today ordered the AWU to pay an $18,000 penalty for pressing charges under its rules against two members who refused to support industrial action against Orica.

Vegan beliefs protected under UK workplace equality laws

In the wake of the UK's employment tribunal ruling that "ethical veganism" is a protected philosophical belief in the workplace, a Seyfarth Shaw partner says that there might be scope under state and federal discrimination laws to advance a similar claim in Australia.

Bench corrects "counter-intuitive" compensation ruling

A tribunal member "counter-intuitively" refused to award compensation to an unfairly dismissed employee after failing to assess financial loss and wrongly asserting that she had admitted to competing priorities, an FWC full bench has found.

FWC deep-dives on nature of work

The importance of 'choice versus direction' in determining whether employees are working or not has been highlighted in an FWC decision considering the case of boat masters and crew having their unpaid meal breaks interrupted to assist passengers on multi-day dive trips.

$10K for manager sacked while on sick leave

A home improvement company had a valid reason to sack a business manager who recklessly approved credit for a struggling customer, but the FWC has held that its process in dismissing him while on sick leave rendered it unfair.

Bank not in deal breach despite IT worker's cloud-based fears

An IT specialist with a major bank has failed to persuade the FWC that deployment to a new cloud-first role represented an agreement breach because it placed unreasonable demands on his fading capacity to learn.

Tech giant can't retrospectively cap sales commissions: Court

Hewlett Packard must pay an overperforming sales executive more than $370,000 to honour a decade-old unpaid bonus, after the technology giant failed to establish that it can retrospectively cap commissions if employees substantially exceed targets.

R&R counts towards minimum employment period: FWC

A casual FIFO worker has been cleared to pursue an unfair dismissal claim despite the employer arguing that half of his seven months with them was taken up with unpaid R&R.