Court and tribunal decisions page 356 of 373

3721 articles are classified in All Articles > Legal > Court and tribunal decisions


CFMEU wins majority support determination for senior employees

Alcoa Australia has been ordered to bargain with the CFMEU for an enterprise agreement to cover 15 power supply operators at its regional Victorian plant after the Fair Work Commission granted the union a majority support determination.

Employee's "flagrant" copyright breach costs him $50,000

A software engineer breached his employment contract, his equitable duty of confidence, the Copyright Act and the Corporations Act when he downloaded more than 380,000 of his employer's files onto a hard drive, just before he resigned, a court has found.

Underpayment claim shouldn't stop reinstatement, but appeal fails

A FWC full bench has ruled that in assessing whether reinstatement is appropriate in an unfair dismissal case, the tribunal should not take into account any ill-will arising from continuing legal proceedings between an employee and an employer.

Going to the media not protected under Fair Work Act, court rules

In an important ruling on the definition of industrial action, the Federal Court has held that the provision of sensitive information to the media by employees is not "protected" under the Fair Work Act and might leave them vulnerable to breach of contract and coercion claims.

High Court "scab" ruling not the end: Stewart

Another High Court case on the Fair Work Act's protections for employees engaged in union activity might not be far away, according to a leading IR academic, after the CFMEU's appeal against the Federal Court's BHP Coal "scab-sign" ruling was this morning rejected by a 3-2 majority.

High Court clears BHP Coal over "scab" sign

A High Court majority has dismissed the CFMEU's appeal against the Federal Court's decision that BHP Coal did not take adverse action when it dismissed a union delegate when he waved an "anti-scab" sign on a union picket.

Don't bet on same result in TAB dismissal cases

Two council workers who were sacked after visiting the same TAB during working hours have met markedly different fates, with one winning his job back and the other losing his unfair dismissal case.

FWC rules Target HR capability means no need for legal help; & more

Target has enough HR staff to not need legal representation; Data upload difficulties lead to time extension; Mental health provider given go-ahead to employ ATSI people only; Biggest ever electronic ballot gets go-ahead for DHS; and Former retail group head facing fraud charges.


FWC stymies shift to individual contracts

The Fair Work Commission has rejected a second attempt by electricity distributor Essential Energy to move some managers and senior technical employees from an enterprise agreement to individual contracts, ruling that the "common understanding" of the agreement's coverage clause overrides its literal meaning.