Court and tribunal decisions page 364 of 373

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FWC gives green light for sacking driver who ran a red

Pacific National was justified in sacking a long-serving train driver who was 120 seconds away from colliding with another train, after failing to see and respond to two signals, the Fair Work Commission has found.

Employer pays for "naive and unacceptable" interpretation of employment contract

A finance broking house that issued a Brisbane-based employee five payslips in six years and employed him on a commission-based agreement that it believed did not entitle him to base salary, sick pay, annual leave and superannuation entitlements has been ordered to pay him almost $124,000 in penalties.

NSW wages cap includes super, appeal court rules

The NSW Government has had a victory in its long-running battle to include compulsory superannuation increases within the public sector 2.5% wage cap, after the State's Court of Appeal quashed last year's IRC ruling that the wages cap only applied to Commission-awarded increases.

Legal representation generally "a welcome relief", says FWC

A senior FWC member has strongly endorsed legal representation of parties in hearings, saying that with the rise of self-representation, the involvement of legal practitioners is "more often than not, a welcome relief".

Union's notice "device" renders industrial action unprotected: FWC

The FWC has ordered the TWU to postpone member-endorsed industrial action against Linfox Armaguard because the vagueness of the notices to the company would have required it to respond with "extreme measures" such as organising flying squads to replace workers.

Xmas party breast-toucher gets job back

A NSW public servant who admitted touching the breasts of five women during a 2012 Christmas party has won his job back after the NSW IRC found he was treated more harshly than a senior manager who was only demoted.

Diabetes sufferer wins temporary job reprieve

The Federal Court has found the balance of convenience favours reinstating a warehouse officer to his position at Peabody Energy's North Goonyella coal mine, pending the hearing of his union's claim that the company took adverse action when it dismissed him because of his Type 1 diabetes.

Workers had good reason to refuse additional overtime: FWC

Australia Post acted harshly in disciplining two employees who had solid OHS reasons for refusing to work additional overtime, but was entitled to transfer their union delegate for his aggressive reaction to the sanctions, the Fair Work Commission has found.

FWC carpets advocate over "prevarication"

The Fair Work Commission has criticised an employer representative who filed a draft enterprise agreement for approval without sufficient evidence that it had been seen or approved by employees, saying her explanations about the deficiencies "could at best be described as prevarication".

Secondment arrangement akin to labour hire: Bench

A Flinders University analyst who argued that she was dismissed to avoid an investigation of her workplace bullying allegations has failed to convince a Fair Work Commission full bench she should be able to appeal the rejection of her unfair dismissal claim.