Court and tribunal decisions page 352 of 376

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Prisoner unable to perform his job: Full bench

In a decision that considers the relevance to his employment of a public servant's conduct outside working hours, a Fair Work Commission full bench has ruled that the ATO had a valid reason to dismiss him because his incarceration meant he couldn't carry out his role.

Late wages "penalty" can be included in modern awards: FWC

A four-member Fair Work Commission full bench has ruled that the tribunal has the power to insert in modern awards a provision penalising employers for late payment of wages, but has left it to another bench to decide next week whether the proposal has merit.

Employer's handling of bullying complaint "reasonable": Court

A university did not breach a lecturer's employment contract or its duty of care by failing to make progress with complaints he lodged against his superiors under the institution's grievance policy, a court has ruled.

Full bench overturns "clearly inadequate" compensation

A senior Fair Work Commission full bench has ruled that when assessing compensation in an unfair dismissal case, the tribunal needs "cogent evidence" to find that an employee would have been summarily sacked within a short period if the original termination of employment had not occurred.

Court rejects "fanciful" sexual harassment claim

The Federal Court has thrown out a Monash University academic's sex discrimination claim, based on more than 50 alleged incidents over five years of employment, finding that she subjectively reconstructed "innocent events" after failing to fulfil her professional ambitions.

Nursing union triumphs in long-running agreement saga

A Federal Court full bench has today ruled that the Fair Work Commission was entitled to approve enterprise agreements covering three private hospitals, even though their agent made and signed them without "actual" authority.

Deliberate dishonesty justified instant dismissal: Federal Court

A five-member bench of the Federal Court has ruled that a company was entitled to summarily dismiss an executive employee for serious misconduct that destroyed the relationship of trust between them, even though it had moved earlier to terminate his employment on six months' notice.

"Phoenix" directors ordered to meet award shortfalls

A court has ordered former directors of related liquidated companies to compensate a construction worker for underpayments owing under a modern award and its state predecessor, finding that the Fair Work Act's remedy provisions extend beyond employers.

Bargaining order requires employer to make genuine offer

A Fair Work Commission full bench has today ordered a mining goliath to provide a union with a "genuine proposal" for a new enterprise agreement, after finding it failed to comply with the Fair Work Act's good faith bargaining requirements.

Bench backs strict drug policy for safety-critical work

Employers in safety-critical industries might be entitled to enforce zero tolerance policies because there is no scientific test for impairment arising from cannabis use, a Fair Work Commission full bench has suggested.