Court and tribunal decisions page 232 of 374

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


Commissioner wrong in assuming tribunal "predisposition": Bench

An order requiring the NTEU to give a university more than the statutory three days' notice of protected industrial action has been quashed by an FWC full bench that found a tribunal member wrongly presupposed that any such action would be suspended by the Commission if it interfered with student exams or graduation.

Barrister avoids costs as sacked HR manager slugged $71,000

A court has imposed a $71,000 costs order on an HR manager who took a "scattergun" approach to challenging her dismissal, but has stopped short of imposing a similar order on her high-profile Sydney barrister, despite criticising his role in the case.

Organiser visits must not stray outside work hours: Bench

In a significant decision on entry rights, a Federal Court full bench has confirmed today that a permit holder's right to hold discussions with union members or potential members during "breaks" does not include the period before and after their shifts.

"Intentional" CV errors justified dismissal

Dismissing an employee for providing false and misleading information during the recruitment process was not unfair, despite procedural failings by his employer, a tribunal has ruled.

FWC blows cover of union's "concerned citizen"

The FWC has slammed the door on a union's persistent efforts to get around coverage issues by installing an "independent" bargaining representative to conduct negotiations on behalf of Linfox tanker drivers, finding it "fanciful" to suggest he was simply acting in a private capacity.

Duty of care didn't include foreseeing attack: FWC

The FWC has rejected a dismissed employee's contention that a company's duty of care extended to anticipating that he would act in a violent and threatening manner towards a co-worker.


Judge denied employer body procedural fairness: Court

An employer body's former sales manager has been ordered to repay disputed commissions after the Federal Court found five examples of a judge denying the organisation procedural fairness in the original small claims hearing.

Lewd Instagram post to young nurse warranted sacking

A major private hospital justifiably dismissed a 47-year-old employee for sending an Instagram post "of a s-xual nature" to a young graduate nurse he barely knew, the FWC has found.