Court and tribunal decisions page 13 of 368

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Bowel disease, custody issues not enough for WFH order

A worker with inflammatory bowel disease has lost his bid to use the Secure Jobs Act flexible work provisions to resist a request to return to the office 40% of the time, the FWC finding it will boost his employer's ability to lift his productivity and allow others to benefit from his experience.

$80K payout for disabled guard after employer's super stuff-up

A security company has been ordered to pay $80,000 to a former employee assaulted by current All-Australian AFL captain Toby Greene nearly a decade ago, a court finding that he could have claimed insurance for "permanent disablement" but for the employer failing to pay his superannuation on time.

FWC affirms "modest" paid leave for paramedic

WA's St John Ambulance has failed to convince the FWC that its agreement requires paramedics who are not the primary carer of a child to clock up a full year of employment before they can access eight days paid leave after a birth or adoption.

Qantas guilty of discriminating against safety representative: Court

A court has today found a Qantas subsidiary guilty of engaging in unlawful discriminatory conduct against an elected health and safety representative as COVID-19 emerged, ruling that the flawed manner in which he consulted did not invalidate his cease-work directions or the airline's defence.

Employer fined $160K for failing to pay out annual leave

A judge has declined to bundle together an employer's various workplace breaches in ordering it to pay $163,000 in fines to a former worker for stripping his severance pay of more than 500 accumulated annual leave hours.

FWC bench rules on first Secure Jobs flexible work dispute

In the first FWC full bench consideration of Secure Jobs Act flexible work dispute provisions, a worker's application has fallen at the first hurdle because she failed to provide her employer with written reasons and offered "unsatisfactory" evidence about her alleged disability.

Successful entry rights appeal "victory for common sense": Academic

In what a leading labour law academic describes as a "victory for common sense", a full court has quashed a ruling that union officials cannot use their right to enter premises for discussions with members to gather signatures on petitions or "secure a commitment to a particular course of action in the future".

FWC supports chemist's claim of "nightmare" surrounding pregnancy

A FIFO chemist on a Santos-operated vessel who resigned after seeking an "appropriate safe job" while pregnant and challenging instructions to hasten her return from parental leave has established that her employer's cumulative conduct forced her hand.

"Abject stupidity" insufficient reason for sacking: Bench

In a full bench decision exploring what constitutes work-related conduct, essential services provider Ventia has failed to knock out the reinstatement of a firefighter who shared an Only Fans video and a meme showing three naked women in a "sickos" Facebook group of current and former colleagues.

"Appalling" domestic violence explained late claim: FWC

A victim of "appalling" domestic violence did not need to provide independent medical advice to explain why she filed an unfair dismissal application almost four months late, the FWC has found.