Court and tribunal decisions page 187 of 371

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Put names to dismissal decisions, FWC tells employers

A senior FWC member has cautioned companies against sending dismissal decisions "up the line" without revealing the final signatory's name, observing such opacity could influence whether the process is found to be fair.

Ex-employee brought case to promote advocacy business: Judge

An ex-security officer turned industrial advocate has given undertakings not to commence any further Federal Circuit Court proceedings against his former employer, a judge holding that he used a back payment claim to promote his services and represent others without the standing to do so.

Lawyer not sacked for political stance: Court

The Federal Court has upheld a lawyer's dismissal after he strongly criticised clients of his firm in a newspaper opinion piece, the judge finding his contract "expressly" stipulated both parties could terminate the relationship without cause on three months' notice.

BP worker fairly sacked for Hitler parody of EA negotiations

The FWC has upheld the dismissal of a BP technician who created and shared a Hitler parody video of the company's protracted bargaining with oil refinery workers, finding he depicted senior managers as Nazis and referenced details known only to those involved.

"Intentional non-compliance" puts Kmart deal beyond rescue

RAFFWU has warned Kmart that it should back pay workers tens of millions of dollars in minimum award entitlements or risk a bid to terminate its expired deal, after the FWC rejected its latest agreement over a BOOT failure and an "intentional" exclusion during voting.



Fuel supplier wins extended notice of strike action

The FWC has ordered the AWU to give a Victoria's main fuel supplier extended notice of five days if its members plan on taking two or more forms of industrial action at the same time.

Shiftwork could cost employers more after FWC ruling

Employers relying on the General Construction Award might have to start paying thousands of civil construction workers overtime instead of shift penalties, after the FWC held that shiftwork rates only apply if they continue the work of others on the same project, for the same client and contract.

FWC bench lops 31 horticultural deals

An FWC full bench has quashed a tranche of newly-minted horticulture deals, finding they were not genuinely agreed to as potential changes to the award had not been accurately explained to those covered.