Court and tribunal decisions page 200 of 371

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Tribunal member's questions leading, but not unfair: Bench

An FWC full bench has cleared the way for a commissioner to redetermine an employer's objections that a worker allegedly sacked when a stranger handed her an unmarked envelope at her home did not qualify for unfair dismissal protection because it should be deemed a small business.

Sick chef's sacking "extraordinarily heartless"

A wholefood store that summarily dismissed a chef after a three-day absence for cancer treatment has failed to establish that he abandoned his employment, the FWC slamming its "extraordinarily heartless disregard".

Contrition over HR manager's silence needs more than words: FWC

In a penalty decision ordering the local arm of a global conglomerate to pay a further $20,000 to a supervisor unlawfully sacked by an HR manager within her probationary period, a court has cited the company's failure to find out more about the contravening conduct and whether it needed to minimise the risk of it reoccurring.


Miner denied chance to address deal termination concern: Bench

The FWC will reconsider a mining company's bid to terminate an eight-year-old agreement covering no workers, a full bench finding a senior member gave it no opportunity to address his concern that it would not be in the public interest prior to talks with the CFMMEU.


Transfer to HR department was bullying, claims public servant

A public servant who claims her transfer to the HR department constituted bullying and retaliation for whistleblowing has failed to convince the FWC to issue interim orders removing the financial security authority's chief people officer as her supervisor and preventing disciplinary action.

FWC tosses back union's documentary "fishing expedition"

The FWC has labelled a "fishing expedition" an attempt by the United Firefighters' Union to access a vast array of documents from the Metropolitan Fire and Emergency Services Board, in an alleged dispute over budget cuts the union claims will negatively impact its members.