Court and tribunal decisions page 344 of 375

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FWC flushes away employer's trust and confidence qualms

The FWC has reinstated a portable toilet delivery driver sacked for a safety breach, after rejecting his employer's claims that he shouldn't be returned to the job because it no longer had trust and confidence in him.

Employer cleared to "punish" worker who defied order

An employee dismissed for misconduct might now face imprisonment and penalties for contempt after failing to comply with a court order to repay more than $25,000 to his former employer.

Unfair dismissal round-up: Employer denied lawyer; and more

Employer can "effectively represent itself"; It's peculiar: Bench overrules refusal of name change; Employer pays for hitting snooze on investigation; Dating a no-no on employer phone, says FWC; and Hairdresser's evidence doesn't cut it.

FWC stops "covert industrial action" on wharves

The Fair Work Commissioner has issued an order to halt "a campaign of covert industrial action" by wharfies that could cause Patrick Stevedores "significant disruption and financial imposts".

High Court rejects CFMEU's bid to oust tort of intimidation

The High Court has refused the CFMEU special leave to challenge last year's Victorian Court of Appeal finding that the Boral group could rely on the tort of intimidation to recover millions in damages for concrete supply bans.


Big fine for employer with "cavalier attitude"

In one of the last wages and entitlements cases pursued by the FWBC, a building subcontractor that used a labour-hire company to distance itself from it employment obligations has been fined $145,000 and ordered to backpay $150,000 to more than a dozen workers.

Home search order refused in restraint of trade dispute

The WA Supreme Court has refused to grant an order to search the home of a labour hire company's former Rio Tinto Pilbara account manager accused of soliciting business for a competitor in breach of a six-month restraint of trade provision.

No anti-bullying order after employer reforms behaviour

The FWC has declined to make an order against a radiology company found to have bullied an employee, saying its recent "careful attention to procedural fairness" made it unlikely its conduct would continue.