Court and tribunal decisions page 247 of 372

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Social media post had sufficient nexus with workplace: FWC

In an important ruling on out-of-hours conduct, the FWC has found that an employer didn't need to receive a complaint before investigating then sacking a worker for sharing a p--nographic video via social media with friends who included 19 male and female work colleagues.

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.