Court and tribunal decisions page 207 of 371

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Case a lesson on "proper role" of HR departments

The FWC has castigated an HR department for casting aside its "proper role" when it pursued incorrect allegations and facilitated the unfair dismissal by ambush of a manager it considered an "ongoing management problem".

FWC bares teeth with jail threat

In a rare case, two former operators of a Canberra massage parlour potentially face up to a year in jail for allegedly providing false or misleading evidence to the FWC.

Court reinstates executive who ran afoul of HR manager

A company has been forced to reinstate a long-serving senior executive it sacked more than three years ago following his stoush with an HR manager, while also facing a bill of more than $1 million in back pay, long service leave, penalties and compensation.

Proposed BHP service deal rejected over NERR error

In a decision further clarifying the "minor procedural or technical errors" that can be overlooked in approving agreements, the FWC has rejected a deal capturing employees not contemplated at the time bargaining notices were issued, despite their subsequent involvement in voting it up.

Qantas worker's "free-pouring" defence rejected again

A Qantas flight attendant has failed in his second chance to have an FWC full bench overturn his dismissal for downing 14 standard drinks at a New York bar, rendering himself unfit for duty the following day.

$1.5m payout for political activities discrimination

Former Queensland assistant health minister Dr Chris Davis has won more than $1.4 million in compensation after a tribunal held that a health service's discriminatory decision to deny him a job because of his political activities and beliefs forced him into early retirement.

Bench upholds extending notice to five days

An FWC full bench has upheld a decision requiring the CFMMEU to give DP World extra notice of industrial action at container terminals in Brisbane, Fremantle, Sydney and Melbourne, despite the union's protestations that it placed too much emphasis on the effect upon third parties.

Full court upholds strict rules for bargaining notice content

A full Federal Court has upheld a finding that retailer Aldi issued invalid bargaining notices because it failed to strictly follow the mandatory content requirements when it replaced "employer" with "leader".

FWC inserts annualised hours clauses in awards

Employers say the FWC's decision to forge ahead with model annualised wage clauses containing new record-keeping and reconciliation requirements – inserting them into some awards for the first time – will impose a "major red tape burden" while removing much of the benefit.

Deal's "traditional" notion supports uni's pay cut: FWC

A university's decision to slash casual tutors' rates for online student support almost four years into an agreement has been endorsed by the FWC, despite the member observing that the deal's definition of tutorial harked back to his long-gone days at law school.