Court and tribunal decisions page 1 of 246

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Full court dismisses Aldi's attempt to nobble union campaign

Aldi has again failed to rein-in the TWU over its long-running "safe rates" campaign, with a full Federal Court confirming that the union is not constrained by consumer law prohibitions on misleading or deceptive conduct.

MacBank's defective pay system an easy spot: Court

Macquarie Bank's HR department designed a defective pay system that a competent IR lawyer would have quickly identified, the Federal Circuit Court has held in fining the bank $330,000 on top of $1.3 million in compensation owing to wealth advisors.

Nothing stopping delivery riders "abandoning" meals: Uber

Before entering into a private settlement with a food delivery worker accusing Uber Eats of unfair dismissal, the company has told a full Federal Court that delivery "partners" are free to negotiate lower fees and abandon meals after collecting them.

Spirit of JobKeeper favoured retaining worker: FWC

The FWC has found employers are not obliged to keep workers on the payroll because of JobKeeper's availability, but has awarded a manager compensation for unfair dismissal that included 24 weeks of the job subsidy, because retaining him would have been "entirely consistent" with the scheme's objectives.

Single loaded rate unlikely, says FWC president

If the FWC incorporates loaded rates in hospitality and retail awards after a referral from IR Minister Christian Porter, it is likely to involve a range of such rates rather than a single one, the tribunal's president indicated in a statement today.


Mondelez influence felt in tribunal leave ruling

The FWC has found "persuasive" the High Court's reliance in Mondelez on ordinary hours to calculate entitlements, dumping a union's attempt to win more annual leave for council waste and recycling workers.

Employer took "kitchen sink" approach to allegations: FWC

The FWC has awarded $8000 compensation to an airport employee who transferred sensitive files from his work computer onto a personal USB, finding the employer took a "kitchen sink" approach to allegations used to justify his summary dismissal.

Tribunal clarifies definition of "emergency" carer's leave

After revoking a finding that a worker was entitled to carer's leave as his mother could not look after his children due to COVID-19 concerns, the FWC has found he met the bar for only one day and can "split the different" on repaying the rest.

Praise for employer's patience in matter beyond "King Solomon"

In what stands as a lesson in managing employees with deeply-held grievances, a senior tribunal member has commended a large employer's HR department for its patience in trying to accommodate a "very difficult" worker before his dismissal.