Court and tribunal decisions page 197 of 371

3702 articles are classified in All Articles > Legal > Court and tribunal decisions


Dismissal rebounds on employer

Sacking a speeding truck driver who hit a kangaroo on a country road was disproportionate to his conduct, the FWC has held, finding he was denied a chance to explain or challenge GPS data.



Court orders aggravated damages for s-xual harassment

A law firm's principal solicitor must pay $170,000 in damages after subjecting a paralegal to months of s-xual harassment that included a "bombardment" of inappropriate emails, coerced hugs and veiled threats that her employment depended on them starting a relationship.

Tribunal backs sacking over unlawful industrial action

The FWC has upheld a Qantas subsidiary's sacking of a worker who made a deliberate, pre-meditated decision to participate in unprotected industrial action that delayed flights and led to some departing without any catering onboard.

Reliance on web access sinks 13% deal

In the latest FWC decision contemplating whether "minor" procedural or technical errors stand in the way of approving an agreement, a senior tribunal member has shot down a deal that delivered workers a 13% pay rise but relied on them accessing the underlying award via the internet.

Sacked for political views, claims One Nation candidate

A One Nation candidate is suing over alleged adverse action based on her political views after she was sacked by a renewable energy company over campaign material said to conflict with its interests and for taking unauthorised days off in the lead-up to the Federal election.

Member wrongly divined Chinese company's "sinister" motive: Bench

Quashing a finding that an airline unfairly dismissed a sales manager who refused to relocate to Beijing after breaching luggage security, an FWC full bench says a tribunal member wrongly ascribed a "sinister" motive to his transfer.


Redetermine means "to determine the matter again": FWC bench

An FWC full bench has confirmed that redeterminations require the tribunal to contemplate matters afresh, quashing a senior member's orders that would have allowed her to consider just three specified issues and limit evidence in revisiting Alcoa's bid to bin its WA deal.