Court and tribunal decisions page 9 of 196

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Builder penalised for spurning non-union contractor

A construction company's refusal to to engage a non-union subcontractor at the CFMMEU's behest has now cost it $275,000 in penalties and compensation, with the Federal Circuit Court noting such conduct "has the potential to perpetuate a culture of submission".

FWO seeks to take piecework case to High Court

The Fair Work Ombudsman will seek special leave from the High Court to appeal a full Federal Court ruling on whether hundreds of casual mushroom workers on non-compliant piecework agreements are entitled by default to be paid hourly rates under the horticultural award.

Employer ordered to reinstate "pain inflicting" firefighter

A tribunal has reinstated a long-serving emergency services worker sacked for using "pain stimuli" on recruits during training, after it found his largely unblemished work history outweighed his misconduct.


Male safety manager says Bluescope gender-biased

Bluescope Steel's former OHS manager is suing the company over its decision to appoint a female health and safety vice president, alleging it took discriminatory adverse action by refusing him the position because of his gender.

Sacked salesperson dug hole, "and kept digging": FWC

The FWC has upheld the sacking of a car salesperson accused of forging a customer's signature to secure finance on a vehicle, finding the alleged misconduct of "sufficient gravity" to outweigh an imperfect dismissal process.

Big employer needed "open mind" on leave timing: Court

The Federal Court has fined Airservices Australia for consciously failing to consult workers before forcing them to take leave during a Christmas/New Year shutdown period, observing there was "no point" in doing so once they returned to work.