Court and tribunal decisions page 2 of 368

3672 articles are classified in All Articles > Legal > Court and tribunal decisions


IR agent's representation to be determined en masse

The FWC bench appointed to scrutinise a paid agent's future involvement in adverse action and unfair dismissal cases has asked a first tranche of 46 applicants to explain why they need to be represented by a firm recently described as having engaged in "unethical" practices.

Pilots ignoring course set by union: FWC

An "ineluctable finding" that the AFAP could not persuade pilot members at a Qantas subsidiary to vote up a new deal supported by the union has helped convince the FWC that it should make an intractable bargaining declaration sought by the airline.

High Court to rule on potential new duty of care for employers

The High Court will consider whether employers' duty of care and consequent exposure to damages extends to providing "safe" disciplinary and dismissal processes that protect sacked workers from psychiatric injury.

Angelic expectations might be unfair: FWC

The FWC has found understaffing weighed heavily on the mind of a custody officer sacked by Ventia for headbutting a door in frustration at a prisoner on the other side, noting it might be "unfair to apply the standards expected of angels to mere humans".

FWC can rule on disputed terms after deal approved: Bench

In a significant decision acknowledged as potentially being viewed as "undemocratic", a FWC full bench majority has found it has the power to make a workplace determination on contested bargaining matters after a deal has already been approved by the Commission.


No car means new role not acceptable alternative: FWC

An employer has failed to convince the FWC that it should reduce a worker's redundancy payment from 13 weeks to six, finding that although it secured another job for him on the same pay, losing private use of a company car meant the role was not "substantially the same".

"Implied" vote enough for union rule change

The head of the FWC's registered organisations branch has warned Australia's second-biggest union that another decision-maker might not be so accommodating in approving a rule change advanced without conducting a formal vote.

Half-baked settlement deeds not enough to close case

The FWC has rejected an employer's bid to wind up a general manager's unfair dismissal case after finding that neither of two settlement offers could be regarded as binding.

"Insensitive", profane manager loses adverse action case

A European expatriate who regularly swore at his Australian subordinates in an apparent attempt to spur them to achieve work standards expected in his homeland has lost his adverse action case against his former employer, after a court ruled his behaviour warranted summary dismissal.