Court and tribunal decisions page 195 of 372

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UK ruling casts secret recordings in new light

In the age of ubiquitous mobile phones, covert recordings of meetings by employees don't necessarily irreversibly damage trust and confidence in the employment relationship, a UK IR tribunal has ruled.

Company can't choose union bargaining representatives: FWC

In the midst of rolling stoppages across DP World's container terminals in four cities, the FWC has told the company to comply with its good faith bargaining obligations by dropping its objection to the participation of an injured MUA WA branch delegate in negotiations for the Fremantle deal.

Judge's "hostility" towards employer cruels landmark FWO case

A landmark contempt finding and accompanying jail sentence hailed as proof of the FWO's commitment to justice has been overturned by a full Federal Court that found the ruling judge's "open" hostility to the underpaying employer compromised his ability to consider the evidence.

All half-pay maternity leave doesn't count towards service: Court

The AFP did not discriminate against a police officer seeking to have 32 weeks of half-pay maternity leave count towards her service, the Federal Court finding the relevant agreement's intention was only to cover full-pay periods.

Cross-claim hits "clearly dishonest" chief executive

The long-serving former chief executive of a Queensland charity is more than $30,000 out of pocket after securing a minor win as part of his wrongful termination case but being labelled "dishonest" in his employer's successful cross-claim.

Hurt and humiliation payout after "most unkind" accusation

An employee criticised as being ungrateful about securing a restaurant job despite her disability has won $12,500 in compensation for the hurt and humiliation she experienced during her dismissal after 12 weeks.

FWO secures fivefold increase in director's fine

In a decision vindicating the FWO's resistance to the grouping of multiple contraventions for the purpose of setting penalties, the workplace watchdog has won a fivefold increase in fines imposed on an underpaying company director.

Reinstatement problematic after calling HR partner "despicable": FWC

A senior FWC member in upholding a Virgin Australia ground crew worker's dismissal over pilfered cigarettes has noted that "one's fate" is often sealed by attempted cover-ups rather than the actual misconduct, further observing that the former employee did himself no favours when posting on social media that the airline's HR partner was a "despicable human being".

FWC member rejects another call to step aside

A Fair Work Commission member has for the second time in two days refused to re-allocate arbitration of a CFMMEU matter, insisting parties "don't get to decide" despite full bench advice that those conciliating a dispute should automatically step aside from arbitrating it if a party objects.