Court and tribunal decisions page 173 of 371

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Slow FWC payment system blamed for late lodgement

The FWC has accepted an unlawful dismissal claimant's contention that the tribunal's "slow processing" of her $73.20 filing fee explained a two-minute delay in online lodgement.

Bench declines to trim hairdressers' penalty rates

An FWC full bench has rejected a bid to reduce hairdressers' penalty rates for weekend and public holidays, while seeking further submissions on whether weekend rates should be paid in addition to casual loading.

Suspending action won't hasten new deal: FWC

An employer has failed to convince the FWC that suspending industrial action would improve the chances of reaching agreement before the business is transferred to a new owner.

"Assumptions" undermine deed duress claim

In a case clarifying when an employee can claim they signed a deed of release under 'duress', the FWC has thrown out a director's unfair dismissal matter after finding he had ample opportunity to test his assumption that he would not be paid his entitlements if he did not put pen to paper.

Latest Aerocare deal fails BOOT as award reversion looms

The FWC has again thwarted major aviation services company Aerocare's long quest to replace its now-terminated 2012 agreement, finding that an updated 2018 deal still failed the BOOT despite attempts to allay split-shift concerns.

Bench quashes pre-undertakings deal approval

An FWC presidential member had no power to approve an agreement before he received written undertakings to satisfy the BOOT, a full bench has found in a ruling in which it also uncovered incorrect claims by the employer that employees would not be worse off.

BHP Coal required unreasonable overtime: Court

The Federal Court has held that a BMA coal loading facility breached a reasonable overtime clause in its enterprise agreement by requiring workers to perform more than eight additional hours per week.

"Contemptuous" company should have involved HR: FWC

The FWC has found that it "reflects poorly indeed" on a printing company if it did not investigate sexual harassment complaints an unfairly dismissed female employee made to HR, while it has also referred the employer's "contemptuous" failure to comply with an order to attend the Commission to the tribunal's general manager for further action.

Large employer could have done better: FWC

An Orica labour supplier's redundancy method, in which it surprised a full-time employee during downsizing by handing him a letter confirming the "successful completion" of his role, has rendered the dismissal unfair.

Finance manager's extra payments justified sacking: FWC

The FWC has upheld the sacking of a financial controller who paid herself for extra working time despite her engagement on an annualised salary that included reasonable additional hours.