Court and tribunal decisions page 350 of 374

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Bank chief's contract incorporated redundancy policy: Court

A chief executive has been awarded more than $3m after a court found that his employer's redundancy policy was incorporated into his contract of employment, but his off-sider will take home nothing after failing to prove that the policy became part of his contract as part of a "course of dealings".

Court rejects multiple adverse action claims

The Federal Court has rejected a raft of adverse action claims — one of them involving exposure to a cat — against an aged care provider by a senior nurse eventually sacked for dispensing medicine without authorisation.

CFMEU braces for more Grocon fines

In further legal fallout from the 2012 Grocon dispute, the Federal Court has ruled that the CFMEU and eight of its officials unlawfully coerced the company to agree to its demand to employ union-nominated shop stewards when they blocked access to the Myer Emporium and McNab Avenue sites.

Full court backs zero tolerance drug sacking

Employers are likely to rely more heavily on zero tolerance drug and alcohol policies to discipline or dismiss employees, even when there is no evidence of impairment, after an important full Federal Court ruling yesterday.

FW Act lowers bar for suspending strikes: FWC

The Fair Work Act's provisions for ending safety-threatening industrial action are broader than those of its predecessor, a senior FWC member has ruled in her reasons for suspending planned NSW power industry stoppages earlier this month.

Reinstatement must be unconditional: Full bench

In its first full bench examination of the Fair Work Act's reinstatement provisions, the FWC has ruled it has no power to attach conditions to orders returning dismissed workers to their jobs.

Prisoner unable to perform his job: Full bench

In a decision that considers the relevance to his employment of a public servant's conduct outside working hours, a Fair Work Commission full bench has ruled that the ATO had a valid reason to dismiss him because his incarceration meant he couldn't carry out his role.

Late wages "penalty" can be included in modern awards: FWC

A four-member Fair Work Commission full bench has ruled that the tribunal has the power to insert in modern awards a provision penalising employers for late payment of wages, but has left it to another bench to decide next week whether the proposal has merit.

Employer's handling of bullying complaint "reasonable": Court

A university did not breach a lecturer's employment contract or its duty of care by failing to make progress with complaints he lodged against his superiors under the institution's grievance policy, a court has ruled.

Full bench overturns "clearly inadequate" compensation

A senior Fair Work Commission full bench has ruled that when assessing compensation in an unfair dismissal case, the tribunal needs "cogent evidence" to find that an employee would have been summarily sacked within a short period if the original termination of employment had not occurred.