Court and tribunal decisions page 155 of 375

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Tribunal orders A-G's to make FEG retrenchment payment

The AAT has overruled the Attorney-General's Department's refusal to make a FEG redundancy payment to a worker who claims she stayed on at the administrator's request to help with winding-down a failed company, but then had her retrenchment payout denied when employee numbers fell from 60 to below the eligibility threshold of 15.

Tribunal lauds employer's handling of safety-shy worker

The FWC has upheld the "scrupulously fair" sacking of a second-in-charge installation worker over multiple safety breaches, including some so fundamental he should not have needed training to prevent them.

Court rejects Qantas Group bid to sideline FWC

The Federal Court has ruled today that the FWC has the power to arbitrate a dispute between the ALAEA and Qantas and Jetstar over coronavirus-related stand downs.


Bench shelves paid pandemic leave bid

An FWC full bench has adjourned the union application to introduce a paid pandemic leave entitlememt for award-covered health and community workers required to self-isolate during the coronavirus crisis.

FWC rebuffs coronavirus-hit employer's zero payout bid

The FWC has rejected a Tasmanian produce company's bid to avoid paying redundancy entitlements due to a "paucity" of evidence that it cannot pay and faces insolvency after a 100% coronavirus-related revenue hit.

Union lawyer's oversight no excuse: Bench

A union legal officer's mea culpa over unread emails has not been enough to salvage a late appeal against an agreement, after an FWC full bench found it did not excuse such a "sophisticated" organisation failing to identify that the contentious deal had won approval.

Cup day dismissal not on the nose

Procedural flaws in a worker's summary dismissal on Melbourne Cup day did not outweigh the seriousness of having invited the theft of a company vehicle by leaving the keys in the ignition, the FWC has found.

Tribunal rejects former lawyer's bid to block legal representation

An employer has won permission to have a legal representative defend an unfair dismissal case in the face of opposition from a sacked former employee who failed to disclose he is a highly-experienced lawyer disbarred after a conviction for s-xual assault.

Sacked public servant "misled" by government website

An FWC presidential member has taken a swipe at a "misleading" state government website for wrongly convincing a public servant that the federal tribunal was the right forum in which to contest her dismissal.