Court and tribunal decisions page 7 of 182

1820 articles are classified in All Articles > Legal > Court and tribunal decisions


Employer can ask claustrophobic tradie to work in enclosed spaces: FWC

A multinational "people flow" company can require a tradesperson with severe claustrophobia to transfer from an escalator repair team to an elevator repair team, the FWC has found, while cautioning that its approach to accommodating his condition would be considered if he returned with an unfair dismissal claim.

Manager cleared of bullying, but could have shown more foresight

The FWC has thrown out a bullying claim from an employment consultant who felt aggrieved by his manager's approach to a colleague's "dad jokes" and accused his manager of sexually harassing him by touching his shoulder during a discussion about political correctness.

Sacking by text not "generational", just plain callous: FWC

A long-serving industrial tribunal member has taken aim at an employer's claim that summarily sacking a worker by text was a "generational thing", describing the method as "unconscionably undignified" while insisting that dismissals should always be conducted face-to-face.

Deal approved despite union's concern over undertakings

In a decision clarifying the extent to which employers can address shortcomings in order to finalise an agreement already voted on, the FWC has approved a black coal deal opposed by the CFMMEU after accepting it would not be "substantially" changed by 14 undertakings.

Full court upholds accident pay cut in coal award

A full Federal Court has today rejected a challenge to the Fair Work Commission's decision to reduce accident pay in the black coal award from 76 weeks to 52 weeks.


Union had right to be heard on non-union deal: Bench

An FWC full bench has clarified when non-bargaining representatives opposing agreement approvals have a right to be heard, clearing the way for the CFMMEU to test whether a wrongly-declared representative is incapable of being covered by a deal.


Tardy underpayment claim foiled by new deal

A worker's tardy pursuit of claimed underpayments under an old agreement has failed, the FWC agreeing with the employer that it lacked jurisdiction once a new deal was approved.

Casual worker questions see big employer granted legal assistance

A large employer has for the second time in a year successfully argued that disposition of a matter before the FWC would be best served by it being permitted to engage an external lawyer to argue against a self-represented worker, given its admitted lack of expertise in IR matters.