Court and tribunal decisions page 6 of 208

2075 articles are classified in All Articles > Legal > Court and tribunal decisions


"Sloppy" wording helps sink scope order application

The FWC has refused the RTBU's bid for a scope order so that it can negotiate separate agreements for Australian Rail Track Corporation's operational employees and their office-based colleagues, finding that even if it could ignore "sloppy" position descriptions in the application, a carve-out would not improve bargaining.

Manager's assault claim in gold hotpants case rejected

In a decision contemplating the extent to which pleadings can be changed during proceedings, an appeal court has refused a manager's last-minute bid to claim he was assaulted by co-workers when "impelled" to perform in gold hotpants during a company conference.

Employer's blood-alcohol limit change "impermissible"

A tribunal has upended a large transport company's "unilateral" decision to change to zero its blood alcohol policy limit for contracted owner-drivers, finding a toolbox meeting and noticeboard postings did not meet the governing agreement's consultation requirements.

Glazier's dismissal ruling lacked reflection: Bench

An FWC member must rehear the unfair dismissal claim of a glazier sacked for frequent absences following surgery, a full bench finding he failed to consider whether the employer notified the worker of reasons later found to be valid or gave him a chance to respond.

CFMMEU appeal erases publication order, but little else

A full Federal Court has largely dismissed the CFMMEU's broad-ranging appeal against more than $300,000 in fines imposed for attempting to force a contractor into signing a union-approved deal, agreeing only that publication orders served no purpose and that too much was made of an "eenie meenie miney mo!" text message.

Pink hair and s-xual objectification didn't justify sacking

The FWC has held that a service station operator "set about" dismissing a worker after she filed a compensation claim, unfairly sacking her over her pink hair, s-xual objectification of a male customer and derogatory comments, despite having some valid reasons.


HR manager "ambushed" worker at disciplinary meeting: FWC

The FWC has taken a disability care provider to task over the process followed in dismissing one of its workers, finding she was "summonsed" by its HR manager "to participate in an ambush of her employment".

Compensation for supervisor who put podgy bar down undies

The FWC has awarded more than $2000 compensation to a roadside supervisor dismissed after he inserted a metal bar down the rear of a co-worker's pants and directed crew members to collect refundable cans and bottles so he could give the money to his daughter.

Contempt for underpayment claim attracts $240K fine

In a case highlighting the dangers of failing to engage with underpayments cases, an employer who did not respond to a claim it short-changed a teenage worker by $8000 must now pay him an additional $240,000 in penalties.