Court and tribunal decisions page 5 of 375

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Court penalises major employer for tardy PABO response

In a signal to employers that they must have systems in place to ensure they promptly provide information the FWC requires to launch a protected action ballot, the Federal Court has imposed a substantial fine on waste giant Cleanaway for a short delay in the "time-critical" process, while warning that in more egregious cases larger penalties would be warranted.


Member set bar "too high" for suppression orders: Bench

In a significant decision on principles of open justice, gas giant Santos has won confidentiality orders on its second attempt as it defends its sacking of a former outlaw motorcycle gang member accused of s-xually harassing a 22-year-old apprentice.

Weekend voicemail sacking "discourteous": FWC

A truck driver sacked without notice via a Saturday afternoon voicemail following the sale of his employer's business has won compensation, including a payment to cover the cost of "upskilling" his licence.

HR team "should have known better": FWC bench

A FWC full bench has slammed a public health provider's HR team for its "inappropriate" response to queries about late payment of 'nauseous work' and education allowances for an estimated 220 employees, concluding that the delay amounted to an underpayment capable of attracting a penalty.

Compensation for worker sacked after big night out

An employer had insufficient evidence to support its sacking of a manager who consumed up to 15 standard drinks the day and evening before his 7am start, the FWC has ruled.

CFMEU did not threaten workers over strike vote: FWC

A construction company has failed in its bid to stop potential strikes amid claims of union interference in the protected action ballot process, the FWC pointing out that it cannot make orders preventing industrial action yet to be endorsed or notified.

Early move to "sever" fixed term contract a dismissal: FWC

A training officer employed on a fixed term contract can proceed with his adverse action case against a volunteer rescue organisation after the FWC accepted that it sacked him when it told him two weeks before its expiry that it would not be renewed.

Dropping claim "at 11th hour" not a good look: Judge

A judge has warned the FWO of a possible "perception" it failed to comply with its model litigant obligations after dropping the "most serious" claim of threatening behaviour from a CFMEU right of entry case as part of a liability deal.

12-months good behaviour order after child job breaches

An international retailer, TK Maxx, has pleaded guilty to seven breaches of Victoria's child employment laws at one of its stores, with the Melbourne Magistrates Court placing it on an adjourned undertaking for 12 months with the condition it pay $5,000 to the court fund.