Court and tribunal decisions page 354 of 376

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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.


Lawyer's bullying case thrown out

A bank's management of an under-performing lawyer fell short of "the best human resources practice" and was not "entirely beyond criticism", but did not constitute bullying under the Fair Work Act, a senior member of the Fair Work Commission has ruled.

Off-duty groper not unfairly sacked

The dismissal of an employee for groping a bartender while staying at a hotel paid for by his employer was not unfair, the Fair Work Commission has ruled.