Court and tribunal decisions page 1 of 376

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Valid reason "need not be the one given": FWC

In a case that yesterday earned a mention in Parliament, the FWC has overlooked an employer's reasons for sacking a volatile employee to find that his own evidence that he was "not right" to return to work because mental health issues justified the dismissal.

Crucial ruling on franchisors' IR responsibilities

In a landmark ruling today on franchisors' IR compliance obligations, the Federal Court has imposed a $1.44 million fine on a coffee chain for its franchisees' underpayments and record-keeping breaches.

"Widespread" under-classification in community sector: Report

Inadequate award descriptors and lack of opportunity to progress through the award classification system have contributed to rife underclassification in the social and community services sector, a new survey has found.

Bench extends life support for zombie deal

A FWC full bench has extended a 22-year-old zombie agreement's drop-dead date for a second time to enable bargaining for a replacement agreement to continue.

"Theft" case errors not significant enough: Bench

A FWC bench has upheld a ruling that a club unfairly sacked a casual duty manager after accusing her of stealing a drink, but not before rejecting a presidential member's finding that the "theft" needed to be established "beyond reasonable doubt" and that the employer used an "intimidatory" dismissal process.

FWC orders 3.75% rise in award rates, NMW

The FWC's expert panel has this morning approved a 3.75% increase in all award rates and the national minimum wage, but has rebuffed the ACTU's bid for an immediate additional 4% for workers in highly-feminised industries, instead committing to a timetable to address the issue over the next 12 months.

Time extended for worker told he couldn't contest sacking

The FWC has extended time for a late unfair sacking claim after accepting that the worker held off making his application because the employer told him that he had failed to serve the minimum employment period and its external HR provider and its solicitor then reinforced it with similar advice.

Case threatens a "radical departure" from notion of work: Employer

The charity defending a High Court case with the potential to extend duty of care to the disciplining and sacking of workers has warned that overturning a 115-year-old precedent would "disturb the allocation of risk" in every current employment contract.


Resources giants win access to union legal advice

Major mining companies targeted in a multi-employer bargaining test case have won access to an unredacted summary of legal advice provided to Professionals Australia, after the union undermined its claims of privilege with its broad sharing of a PowerPoint slide.