Court and tribunal decisions page 361 of 373

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


FWC maps out right of entry terrain

In a wide-ranging judgment on federal right of entry laws, a senior FWC member has ruled that parties need to pay more than "lip service" to the requirement to agree on meeting rooms for union discussions with workers, and has warned a CFMEU employee that he needs to take "stock of his conduct".

Council chief keeps reasonable notice compensation

A Supreme Court appeal bench has upheld a ruling that a local council's chief executive was not covered by an award and was therefore entitled to 12 months' notice of dismissal.

Workplace can include pub across the road: Federal Court

A full court of the Federal Court has upheld a finding that a pub two work colleagues visited to deal with s-xual advances one made to the other in their office across the road was a "workplace" under federal discrimination legislation.

Court rejects literal interpretation in crib break claim

The Federal Court has relied on a 25-year "common understanding" in the transport industry in preference to the literal wording of an award in rejecting a TWU claim for Linfox day workers to be paid crib time.

No "relief" without relief reasonable policy: FWC

An airport security firm's requirement that employees ring their leading hand and wait for a replacement before taking a toilet break is "entirely reasonable" and lawful, the Fair Work Commission has held, in rejecting a security officer's unfair dismissal claim.

Sacking for dishonesty upheld by FWC

The Fair Work Commission has thrown out an unfair dismissal claim brought by a TNT Australia forklift driver who lied about working for a competitor while certified unfit for work and sending his employer a threatening letter, describing his evidence as a "farrago of lies".

Judge scathing of barrister in adverse action case

A Federal Circuit Court judge has slammed a barrister who said she was too "busy" to file written submissions in an adverse action case, criticising her conduct as "contemptuous" of his orders and "discourteous" to the court. He also said her involvement in another case might require investigation by "relevant authorities".

Reasonable notice payout lifts employee's damages over $1m

A financial controller sacked by a global shipping company will recover more than $1m after a court ruled she was entitled to ten months' notice of termination of her employment and long service leave based on her full salary package.

Dismissal by "mutual agreement" still a dismissal: Court

A court has found that a worker who was asked to look for alternative employment due to his heart condition was dismissed, rejecting his employer's argument that his job ended by "mutual agreement".