Court and tribunal decisions page 229 of 374

3734 articles are classified in All Articles > Legal > Court and tribunal decisions


Pickers to test vulnerable workers laws

Five migrant fruit pickers at the centre of a $10 million Federal Court claim against a labour hire company and its owners are seeking to be recognised as casuals, alleging their contracts for piecework were invalid and based average take home pay on an unrealistic workload.

Worker blew last chance "spectacularly"; Alcoa strike; & more

Worker blew last chance "in spectacular fashion"; Alcoa mine and refinery workers down tools; Foreign pilots visa designed to drive down salaries: Union; Emergency services commissioner resigns over bullying.

Visa worker "ripe" for exploitation: FWC

In a ruling criticising the practice of diplomats recruiting domestic workers from overseas, the FWC has ordered Iraq's consul-general to pay $20,000 to a Filipina live-in nanny dismissed after raising concerns about her entitlements.


Union sin-binned over garbled message in XXXX dispute

The union leading the campaign against prospective job losses at a major brewery is at risk of being sidelined after the FWC found it "reached the line between [unacceptably careless disregard] and. . . deliberate non-compliance" in failing to communicate restraining notices to members.

Breeder's dismissal process "gone to the dogs": FWC

The FWC has described a kennel hand's dismissal as so unfair "even the dogs in the street know" it, putting the labradoodle breeders on notice to take better care of their puppies than they do of the humans they employ.

Bench cuffs union over prison guard sacking

In an instructive decision on the treatment of post-dismissal medical evidence, an FWC full bench has thrown out the appeal of a prison officer declared fit after being sacked on medical grounds, while again taking a swipe at his union's handling of the matter.

Manhattan cocktails sufficient reason for Qantas sacking

The FWC has confirmed the right of employers in safety-critical industries to dismiss workers whose out-of-hours conduct impairs the safe performance of their duties, in the case of a flight attendant who called in sick during a layover after being hospitalised with a blood-alcohol reading of .205.

Casual work not included in redundancy calculations: Bench

Unilever has successfully challenged a requirement to count employees' prior periods of casual and seasonal work when calculating length of service for redundancy payouts, an FWC full bench calling into question a landmark 2016 majority finding that casual work should be included.

Faulty FWC calculator sinks deal

A company that relied on an FWC online calculator to notify workers of a ballot has had the resulting agreement thrown out for failing to provide the statutory seven-day access period, prompting a senior Commission member to lament his inability to "overcome what is clearly a procedural failure".