Court and tribunal decisions page 4 of 183

1822 articles are classified in All Articles > Legal > Court and tribunal decisions


Worker complaining of daily harassment allowed to change claim

On the first day of a fortnight-long hearing into claims by a former Inghams worker that his colleagues subjected him to serious ongoing sexual harassment at a Brisbane chicken plant, the Federal Court has allowed him to amend complaints only where they align with earlier allegations.


Court can't convert unlawful sacking to general protections claim

A Federal Circuit Court judge forced to throw out a worker's general protections claim because he mistakenly filed it using an unlawful termination application form has conceded that it "goes against ordinary concepts of fairness".

Biometric scan objector's mis-steps deny him reinstatement

The FWC has declined to reinstate a worker found to have been unfairly sacked for refusing to participate in fingerprint scanning, partly because he wanted to "continue to agitate" his concerns about the issue, while it has also warned him against any further "contemptuous" and "rude" conduct towards tribunal members.

Employer hit with costs after spurning "parasitic" settlement offer

A Canadian company must pay party-party costs after failing to seek advice from Australian employment law experts in contesting a former Sydney-based project manager's unfair dismissal claim, its chief executive instead rejecting a settlement offer as "parasitic and disgusting".

Unions on same footing as lawyers, agents: FWC

Qantas has failed to establish that unions should be treated as different "species" when considering extensions of time due to representative error, following a recent FWC full bench finding that there is "there is nothing usual or normal about negligence on the part of a solicitor".

MUA to challenge "unprotected bans" ruling

Stevedore DP World has opened up a new strategy for employers seeking to sideline industrial action, winning a ruling from the FWC that MUA bans on shift extensions were not protected because the employer never asked employees to work beyond their hours within 30 days.

Secret audio rejected in bullying case

An employee found to have made some "false" allegations has been denied the chance to use secret recordings of a meeting as evidence in a bullying case that is to be heard today by the FWC.

BHP rail deal sent down spur by former HR leader

BHP's hopes for quick approval of a new deal covering its Central Queensland coal train drivers have been derailed by a newly-appointed FWC member who was previously its head of HR.

Union fails in costs claim against "busybody" employee

The NSW IRC has decried an HSU state branch's "adversarial" approach in refusing to award costs against an industrial officer who sought a review of a regulator's decision scrapping improvement notices that claimed union employees might be exposed to "psychological hazards".