Court and tribunal decisions page 18 of 374

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Sacked wharfie's explanation not blame-shifting: FWC

Qube Ports must reinstate a stevedore who pranged a client's $70,000 Mercedes after an operations manager mistook her explanations as an attempt to excuse her behaviour or shift the blame.

"Sporadic" web browsing doesn't justify sacking: FWC

An intellectual property firm fumbled an employee's summary dismissal when it switched from highlighting his deficient performance and conduct to "dishonesty" over time spent browsing the internet "for items of personal interest", the FWC has found.

Continuing bullying a "failure of leadership": FWC

Former Toll subsidiary Team Global Express has avoided anti-bullying orders through the resignation of a perpetrator and taking significant measures to remove the risk of further substandard conduct, but the FWC has called on it to address a "failure of local leadership".

BHP changed housing regime to axe workers' tenancy rights: Bench

A FWC full bench has upheld a ruling that BHP must continue to deduct a $60 weekly housing subsidy from remote mineworkers' pay, saying that the company halted the deductions to remove tenancy rights, rather than as an "act of gratuitous generosity".

CFMMEU pays out $500K-plus to "whistleblowers"

The CFMMEU won't be proceeding with a potential High Court challenge to the ruling that it unlawfully dismissed two "whistleblower" officials, Andrew Quirk and Brian Miller, electing instead to pay out more than half a million dollars in compensation to them.

SDA members carved-out from RAFFWU-backed class action

Shine Lawyers says the exclusion of thousands of SDA members from its McDonald's class action will "inform future interplay" between union and non-union representative proceedings, while a full court ruling has set a "powerful precedent" for using collective action to protect workers' rights.

Woolies breached bargaining requirements: FWC

Woolworths Group breached good faith bargaining obligations by circulating a Big W deal struck with the SDA and the AWU before giving RAFFWU a chance to consider it, but the FWC has refused to delay the vote as it would not significantly alter the offer.

DEWR fails in High Court bid to recoup FEG funds

The High Court has this afternoon declined to hear DEWR's challenge to a ruling that limits funds available to pay employee entitlements when a company goes under.