Court and tribunal decisions page 246 of 371

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Bench refuses to disturb finding that Hadgkiss questioning "inexcusable"

A full Federal Court has found that a CFMEU official breached the Fair Work Act's "hinder or obstruct" prohibition for permit-holders when he "liberally" swore at a safety inspector, but rejected the ABCC's argument that it was denied procedural fairness when the trial judge described former Commissioner Nigel Hadgkiss's questioning of a witness as "inexcusable".

Ross rejects Aldi bid to send NERR questions to court

FWC President Iain Ross has rebuffed an application by retailer Aldi to have a full Federal Court review the rejection of its agreement because of a deficient bargaining notice.

"Casual" employee entitled to annual leave: Court

In a decision sure to be closely analysed by employers, a court has ruled that a worker is entitled to accrued annual leave despite being paid a casual loading for 15 years.


Career down the toilet after unauthorised absences

The FWC has upheld Bluescope Steel's sacking of a long-serving employee for his "appalling" timekeeping, but has found the company didn't have enough evidence to establish that he defecated in the workplace shower.

Uber employee question not settled: Expert

The Fair Work Commission's recent ruling that Uber drivers are not employees is sure to be challenged, according to workplace legal expert Andrew Stewart.

FWC ruling underlines importance of proper drug testing processes

The FWC has highlighted the additional credibility provided when employers test for drugs in accordance with the Australian Standard, in upholding a multinational mining company's sacking of a marijuana smoker who breached its zero tolerance policy.

Volunteer can pursue bullying claim

The FWC has cleared the way for a veteran's advocate to bring a bullying claim against RSL Queensland and 14 of its directors, after establishing that his volunteer services for one of its 240 sub-branches was in fact work performed for the constitutionally-covered state organisation.

ABCC escapes costs for bungled targeting of CFMEU leader

The Federal Court has accepted that the ABCC made a "genuine mistake" when it pursued CFMEU national secretary Michael O'Connor for his alleged involvement in a blockade at Sydney's Barangaroo project.

FWC rejects childcare equal pay claim

An FWC full bench has today thrown out a United Voice and AEU equal pay claim for childcare workers after finding a 2005 work value case was insufficient, in the absence of contemporary evidence, to establish metalworkers as an appropriate comparator.