Court and tribunal decisions page 8 of 208

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


Tech giant can't retrospectively cap sales commissions: Court

Hewlett Packard must pay an overperforming sales executive more than $370,000 to honour a decade-old unpaid bonus, after the technology giant failed to establish that it can retrospectively cap commissions if employees substantially exceed targets.

R&R counts towards minimum employment period: FWC

A casual FIFO worker has been cleared to pursue an unfair dismissal claim despite the employer arguing that half of his seven months with them was taken up with unpaid R&R.


Late unfair dismissal applicant "honoured" her dying mother: FWC

A worker dismissed two days before flying overseas only to discover on arrival that her mother was dying of cancer has had her late unfair dismissal application accepted, the FWC finding it would have been "shockingly callous" to require detailed medical records sought by her former employer.

Accountants allege employer's unethical behaviour voided contracts

A court has cleared the way for two accountants fighting a restraint of trade case to argue that their contracts were void if their employer breached implied terms requiring it to act lawfully and in accordance with the industry's code of ethics.

Contempt fine for worker who breached "dense" undertakings

A Supreme Court judge has penalised but stopped short of jailing a salesperson for contempt, finding it likely he struggled to understand the "dense" undertakings he gave that he would not compete against his former employer for business.


"Arbitrary" coverage of high earners sinks deal

The FWC has rejected a coal mining deal that would have let a new Qube subsidiary "arbitrarily" determine coverage by excluding those paid above the high-income threshold.

Australia Post made "extraordinary" gardening leave decision: Court

Australia Post is facing a damages bill for breaching the contract of a national worker's compensation manager who accused it of caving in to union demands to remove him, after failing to establish that it offered him an equivalent position after a period of gardening leave.

Agent breached fiduciary duty by poaching players: Court

A Federal Court judge has ordered two directors of a National Rugby League player management company to account for historic and future profits after finding they poached clients from their previous employer.