Court and tribunal decisions page 375 of 377

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Toyota must win hearts and minds, after court stops ballot

Toyota Australia will now have to undertake a "two-step process" to remove "uncompetitive" clauses from its enterprise agreement, after the Federal Court's Justice Mordy Bromberg this afternoon issued an injunction halting a ballot that was to open at midnight.

Change to flexible arrangement not discriminatory: Tribunal

A tribunal has found that an employer's failure to formalise an employee's flexible work arrangements to meet her caring responsibilities led to her seeing them as an entitlement rather than a privilege, and any attempts to change them as workplace bullying.

Reinstated doctor loses employer's trust - and his job

A highly-paid Geelong-based anaesthetist has lost his job for a second time after a senior FWC member found that his conduct following his reinstatement in February had contributed to the destruction of his employer's trust in him.

Disciplinary action not in breach of whistleblower laws: IRC

An employee suspended for refusing to work from home while his bullying allegations were investigated has failed in his bid to rely on state whistleblower legislation to secure injunctions against further disciplinary action, including his sacking.

Seeking legal advice is a workplace right: Federal Court

The Federal Court has ruled that a betting agency employee's ability to seek legal advice about unpaid commissions was a "workplace right" and that when she threatened to exercise it, her employer took adverse action against her by threatening to sack her.


Sacking train driver was adverse action: Court

The Federal Circuit Court has found a rail company took unlawful adverse action when it dismissed a locomotive driver who became sick and anxious and couldn't go through with a competency assessment six weeks after he was involved in a crash.

FWC says not its job to determine jurisdiction in general protections matters

In a decision that has the potential to expand the number of general protections cases, a Fair Work Commission full bench headed by the president has ruled that the tribunal has no power to dismiss an application on jurisdictional grounds and must hold a conference once a claim has been lodged.


Bench splits on annual leave review; RCAV seeks court ruling on $266m impost

A Fair Work Commission full bench has rejected – by a two to one majority – a raft of claims to vary annual leave provisions in modern awards as part of the two-year transitional review, finding that many of them would more appropriately be dealt with in the broader review next year.