Court and tribunal decisions page 7 of 196

1959 articles are classified in All Articles > Legal > Court and tribunal decisions



Tribunal scolds BHP for procedural fairness defects

The FWC has admonished a BHP subsidiary for taking a "haphazard" approach to its disciplinary guidelines, finding it had a valid reason to sack a mineworker for her "deviant" conduct when she put a s-x toy in a colleague's carry-on baggage, but procedural failings made it unfair.

Explanation for racially-motivated sacking "fabricated": FWC

The FWC has rejected the "post fabricated" inventions of a supermarket owner found to have sacked a casual shop assistant because he preferred workers from Asian-speaking backgrounds, ordering full compensation despite claims it would destroy his business.

Employer's underpayment hit doubled for missing paperwork

In a decision reinforcing the need for employers to maintain timesheets, a court has more than doubled the restitution a family-run business must make despite questions of credibility about the sponsored couple claiming underpayments.

"Vague" task list no basis for sacking over productivity: FWC

In a decision highlighting the perils of relying on nebulous performance measures to assess productivity, the FWC has ordered an IT company to compensate an employee dismissed after being assigned a "vague" To Do list.

IR manager targeted as CFMMEU counter-sues in entry case

Ahead of Federal Court hearings into ABCC claims that two CFMMEU officials breached entry laws at a Melbourne freeway project in 2017, the union is suing the head contractor and its IR manager for obstructing their efforts to investigate suspected safety breaches.


Dismissal round-up: Spam excuse wins extension; & more

Time extended after application lands in spam folder; Woolies failed to clarify termination date; FWC upholds sacking for taking unauthorised leave; and Tribunal backs dismissal for threat to "kill" manager.

Personal payment orders mount up for Victorian CFMMEU officials

A Federal Court judge has again pointed his finger at Victorian CFMMEU secretary John Setka's leadership in issuing a personal payment order against one of his long-serving officials for blockading a worksite to pressure a builder into negotiating an agreement with the union.