Court and tribunal decisions page 1 of 377

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Retailer urged to reflect on "subjective" redundancy process

The FWC has urged David Jones to improve its retrenchment processes, while opening the way for a long-serving worker to pursue an unfair dismissal case after the department store deemed her unsuitable for redeployment to an area serving "elevated" clientele.

Warning on commission-only arrangements in finance

A senior lawyer says finance sector employers should "urgently review" their employment agreements after a finding that a commission-based advisor is award-covered and that a leading wealth management company cannot use those payments to offset his entitlements.

Coverage shortfall dashes majority support bid

An ETU bid for a majority support determination covering team leaders at a major power station has fallen at the first hurdle, with the union failing to establish that they are "electricians" or in a role peculiar to the electrical industry.

"Entitled to inquire" about lawyer's conduct: Judge

A judge has rejected suggestions that he "inferred misconduct" on the part of lawyers acting for a construction giant in an adverse action case that has moved on to weighing damages and compensation.

DEWR enjoys court win in FEG clawback case

The taxpayer-funded FEG scheme has won court orders putting it in the box seat to claw back more than $600,000 in unpaid wages and entitlements handed out to the former employees of a liquidated company.

"Substantial" roster changes prevent redundancy pay cuts

The FWC has refused to reduce two FIFO workers' redundancy pay, finding that redeployment offers did not amount to "other acceptable employment" because they were given insufficient time to consider roster changes that would also have reduced their time at home.

No allowance for paramedic upskilling 200km from home

The FWC has found a paramedic is not entitled to a living-away-from-home allowance as he chose rather than was directed to undertake additional training his employer provided 200 kilometres from his residence.

Rule changes will help union meet governance obligations: FWC

The FWC's registered organisations branch has certified rule changes for a prison officers' union stemming from an enforceable undertaking made after the CPSU-SPSF disclosed alleged misconduct in branch elections.

Tribunal rejects lawyer's pregnancy discrimination appeal

An employer did not discriminate against a lawyer when it twice declined to roll over short, fixed-term contracts that would have entitled her to paid maternity leave, an appeal panel has found.