Court and tribunal decisions page 352 of 375

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NSW power strike unplugged

A proposed four-hour stoppage by NSW power industry workers will not go ahead tomorrow after the FWC ruled it would threaten public safety.

Pilot pays high price for late night revelry

A Qantas pilot who sexually harassed a female crew member while heavily intoxicated during an international stopover was responsible for his own actions and had suffered "a catastrophic fall from grace", the Fair Work Commission has ruled in rejecting his unfair dismissal claim.

Tribunal praises mining giant's HR management practices

The Fair Work Commission has commended BHP Coal's approach to disciplining a tanker driver whose unintentional overwatering of a road at its Peak Downs Mine caused a rollover that wrote off a $1.2m truck and injured a colleague.

FWC rejects one, but accepts another, out-of-time dismissal claim

In separate out-of-time rulings, the Fair Work Commission has rejected a sacked employee's challenge to when his dismissal took effect, but given another employee the benefit of the doubt on the "unreliability" of the tribunal's e-filing system.


Federal Court returns serve, but not sham contracting case

The Federal Court has criticised the Federal Circuit Court for ignoring a protocol between the two judicial bodies in its decision to transfer a sham contracting matter to it, but will hear the case to avoid a "tennis match".

Phone porn part of valid reason, but procedure makes dismissal unfair

A company had a valid reason for sacking its sales manager, including the post-employment discovery of pornographic images on his mobile phone, but "substantial" procedural deficiencies made the dismissal unfair, the Fair Work Commission has ruled.

Worker who failed drug test not constructively sacked

A power plant operator who resigned to protect his termination entitlements after failing a workplace drug test was not constructively dismissed, the Fair Work Commission has ruled.

Bench quashes CFMEU entry permit suspensions

A FWC full bench has overturned the suspension of 12 CFMEU officials' entry permits, finding that the original sanctions were not linked to the resolution of an ongoing right of entry dispute but appeared to be punishment for past bad behaviour.

FWC rejects "voluntary overtime" agreement

A senior member of the Fair Work Commission has knocked back an enterprise agreement containing a voluntary additional hours provision lodged by a labour hire company with a workforce of casuals on working holiday visas.