Court and tribunal decisions page 239 of 372

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No delay for damages case "shadowed" by union merger appeal

The Victorian Supreme Court has rejected an application by the CFMMEU to delay civil damages proceedings brought by the operator of Port of Melbourne's new "robo" terminal until its merger with the MUA and TCFU is bedded down.

FWC imposes stringent conditions on employer's legal representation

A senior FWC member has approved an employer's request for legal representation in a dismissal case, but not before requiring hearings be conducted in private, that he be free to provide "appropriate" guidance to the unrepresented former worker, and that he retain the power to revoke permission if the lawyer complicates proceedings.

Tribunal backs handyman's sacking for "non-s-xual" touching

The FWC has upheld the sacking of a long-serving handyman for serious misconduct that included continually touching a young receptionist, finding it was "understandable" given their age difference that she did not feel able to tell him to stop.

Notification glitch stymies industrial action

The FWC has ordered the ANMF and United Voice to call off planned industrial action at a patient transport provider, finding their failure to provide greater clarity when notifying the action than they did when applying for the ballot left the employer unable to respond or prepare.


HR expert's "incorrect" advice to wife scuttles dismissal claim

A health care clinic manager has failed to persuade the FWC that her HR-expert husband's representative error and the so-called "reverse synergy effect" resulting from her son’s concurrent unfair dismissal claim explained her application arriving 32 days' late.

Sales executive spared injunction

The NSW Supreme Court has refused to grant an interlocutory injunction against a former SAI Global executive who had sought to set up shop at rival online conveyancing and property settlement provider InfoTrack and its subsidiary Perfect Portal.

Detailed records key to inherent requirements case with "long history"

In an inherent requirements case highlighting the need for employers to keep detailed records about return to work plans, the FWC has upheld the dismissal of a bus driver kept off the road for 16 months by a combination of nerve pain and anxiety.

Redundant geoscientist to return to FWC after alternative role unearthed

A geoscientist made redundant after almost two decades with the same company has been given a second chance to argue he was unfairly dismissed after a full bench found his former employer potentially led a Commission member into error when asserting there were no alternative positions available.

FWC puts stop to bullying application, saying "mud sticks"

A senior FWC member has refused to stay a former Sydney Trains employee's stop bullying application while he pursues reinstatement through the courts, observing that mud would "stick" to his accused ex-colleagues as long as the matter went unresolved.