Court and tribunal decisions page 188 of 372

3715 articles are classified in All Articles > Legal > Court and tribunal decisions


Union laments no-worker deal termination's "substantial" effect

In a decision traversing some of the challenges of protecting hard-won conditions in a difficult commercial environment, the CFMMEU has failed to block the termination of a construction deal no longer covering any workers after the company argued its uncompetitive terms and conditions hampered its ability to win new contracts.

Esky-throwing excavator drivers compensated for sacking

Two excavator operators who allegedly belittled trainees with "foul tirades" that left them so shaken one walked off the job have won compensation, the FWC finding their dismissal was procedurally unfair.


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.