Court and tribunal decisions page 350 of 375

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High Court to hear Boral case today

The High Court will today hear the CFMEU's argument that Boral can't use court discovery processes to force the union to produce documents that might expose it to punishment for contempt for allegedly defying injunctions on Victoria's Regional Rail project.

Worker "misled" by two HR managers wins extension of time

The Fair Work Commission has granted a Coles store manager an extension of time to file his unfair dismissal claim after finding that he was misled into believing that the supermarket giant was investigating the termination of his employment.

CFMEU fined for "Bald" contempt after heading for the hills

The CFMEU construction and general division's "cavalier attitude" to court orders has cost it another $125,000, with the Federal Court finding it in contempt of undertakings not to block access to a Victorian wind farm project last year.

Tribunal finds morning sickness a disability

A tribunal has found an employee's severe morning sickness is a "disability" but has rejected the bulk of her discrimination claims, including that her employer failed to make reasonable changes to her hours and conditions.

Bank chief's contract incorporated redundancy policy: Court

A chief executive has been awarded more than $3m after a court found that his employer's redundancy policy was incorporated into his contract of employment, but his off-sider will take home nothing after failing to prove that the policy became part of his contract as part of a "course of dealings".

Court rejects multiple adverse action claims

The Federal Court has rejected a raft of adverse action claims — one of them involving exposure to a cat — against an aged care provider by a senior nurse eventually sacked for dispensing medicine without authorisation.

CFMEU braces for more Grocon fines

In further legal fallout from the 2012 Grocon dispute, the Federal Court has ruled that the CFMEU and eight of its officials unlawfully coerced the company to agree to its demand to employ union-nominated shop stewards when they blocked access to the Myer Emporium and McNab Avenue sites.

Full court backs zero tolerance drug sacking

Employers are likely to rely more heavily on zero tolerance drug and alcohol policies to discipline or dismiss employees, even when there is no evidence of impairment, after an important full Federal Court ruling yesterday.

FW Act lowers bar for suspending strikes: FWC

The Fair Work Act's provisions for ending safety-threatening industrial action are broader than those of its predecessor, a senior FWC member has ruled in her reasons for suspending planned NSW power industry stoppages earlier this month.

Reinstatement must be unconditional: Full bench

In its first full bench examination of the Fair Work Act's reinstatement provisions, the FWC has ruled it has no power to attach conditions to orders returning dismissed workers to their jobs.