Court and tribunal decisions page 5 of 183

1822 articles are classified in All Articles > Legal > Court and tribunal decisions


Worker's ostrich-like approach defeats extension bid

The FWC has refused to grant a 1383-day extension to a casual Coles employee who was notified of his dismissal almost two years after working his last shift in 2014 but failed to contest it in time because he "put his head in the sand".

FWC backs deal for Esso's outsourced supplier

The agreement for Esso's outsourced maintenance labour supplier MTCT has won FWC endorsement after it accepted that the hundreds of casuals who voted the deal up validly approved it because they worked at least one shift in the period before the ballot.

IR advice business attracts FWC's ire

The FWC has speculated that the ACCC might have grounds to look into the practices of employment advisor Unfair Dismissals Direct after appraising its role in a late unfair dismissal application accepted out of time.

"Fairness" issue sees crane driver's reinstatement suspended

BlueScope Steel has won a stay on orders to reinstate a veteran crane operator sacked after his third safety breach, with an FWC full bench to consider whether a member unfairly relied on his experience of its "proactive" disciplinary approach.

No service required to trigger 120-hour leave entitlement: FWC

An injured coal mineworker has won back 120 hours personal leave denied by resources giant Peabody when he took more than a year off, the FWC finding he was not required to provide a service to be eligible for the entitlement.

No room for pet theory before sacking: FWC

An employer that summarily dismissed a casual worker who abused and threatened colleagues should have offered her an opportunity to explain behaviour that might hypothetically have been a reaction to the death of a beloved pet, the FWC has found.

FWC rejects resource industry bid to block union entry permits

AMMA and the ABCC have failed to convince the FWC that it should not issue entry permits to organisers fronting an AWU-CFMMEU alliance, despite its "inaccurate" representations and the recent lack of a genuine employment relationship.



Company can't unilaterally end income protection scheme: Bench

In another blow to stevedore DP World as it weathers a campaign of rolling strikes, an FWC full bench majority has upheld a ruling that it was not entitled to unilaterally end an income protection scheme for its container terminal employees.