Court and tribunal decisions page 342 of 376

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"Croc hunter" might be personally liable for entry-breach fines

A self-confessed "smart-arse" organiser, who claimed to be crocodile hunter Steve Irwin after he entered a NSW building site for a safety inspection while under a Queensland permit, might be personally liable for any penalties.

Unfit meeting room didn't justify abusing ER specialists: Judge

An employer's insistence that a union organiser conduct meetings with members at a remote construction site in a non-airconditioned shipping container that reached temperatures of 50 degrees celsius did not excuse his abusive response, the Federal Court has ruled.


Lawyer fails to halt disciplinary action, despite "unfortunate" email

A lawyer who is facing disciplinary proceedings for allegedly making dishonest statements to a prospective employer has failed to have her case struck out, despite receiving an "unfortunate" email from the Legal Services Commissioner suggesting her case had been discharged.

Take another look at safety net, court tells tribunal

Concerns that employees could be left without award coverage if an FWC full bench refused a modern enterprise award bid should have given a "sharper edge" to its consideration of safety net obligations, a full Federal Court has ruled.

"Guaranteed" overtime pushes OHS advisor over unfair dismissal income cap

A health, safety and environment coordinator has failed to convince the Fair Work Commission that exceptions such as sick leave and inclement weather meant the overtime component of his salary was not "guaranteed" so should not disqualify him from unfair dismissal protection.

iCount: Tribunal values private use of tablet computer

The FWC has assessed the value of the private use of an iPad, in determining whether an employee's income exceeded the $133,000 income cap that applied to unfair dismissal claims until yesterday.

Entry permit rorts performed with HSU leader's full knowledge: FWC

HSU Victorian No. 1 branch general manager Kimberley Kitching completed tests required to gain entry permits for officials in early 2013 with the "knowledge and authorisation" of branch secretary Diana Asmar, the Fair Work Commission found today.

ResMed loses bias case

A tribunal has rejected ResMed's previously stalled claim of bias in its continuing majority support determination battle with the AMWU.

Bench says "two hats" AiG lawyer can represent employer

A senior solicitor who is the director of the AI Group's law firm, Ai Group Legal, has the right to represent employers without seeking leave, because he is also the employer organisation's in-house lawyer, a FWC full bench has ruled.