Court and tribunal decisions page 14 of 368

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Court settles age-old retirement question

In a rare decision exploring the statutory definition of "retirement age", a judge has determined that it is the age at which a person qualifies for the pension, rather than when they can access superannuation.

Lawyers' letters in harassment case "vindictive": Court

A jeweller who showered a manager with gifts and compliments, along with unrequited declarations of his affections and a slap on the bottom, is facing a record damages payout for sexually harassing her and victimising her for complaining about it, while his law firm is under fire for the "intimidatory and vindictive" tone of its correspondence.

Diplomat shortchanged domestic worker $136K: Court

A former Indian High Commissioner who paid a live-in domestic worker $9 a day to keep his eight-bedroom Canberra home, after he arranged for her "posting" in Australia for the "reception and entertainment of guests", has been ordered to pay more than $130,000 compensation.

Large disability bias payout for "excluded" teacher

A tribunal has awarded $236,000 in damages, plus potential further lost earnings and interest, to a long-serving language teacher who developed a psychological injury when his employer "excluded" him from the workplace for two years after he suffered a debilitating spinal stroke.

Potential LSL fines second only to industrial manslaughter: Court

Optus has again failed to overturn a finding that underpaying workers' long service leave entitlements when they leave might count as a continuing offence under Victorian law, clearing the way for the State's Wage Inspectorate to pursue daily fines that could run into millions for the period before the telco rectified the alleged issue.

Extended notice would curb worker bargaining power: FWC

A FWC presidential member has taken a harder line on extending notice periods for protected action, rejecting Virgin Australia's bid to increase warnings of strikes and bans from three to seven days, because it would result in diminished worker bargaining power.

Supposed "psycho-social hazard" no excuse for stoppages: Court

In a matter closely examining when building workers can down tools in response to potential safety risks, a court has found that two union officials breached workplace laws when involved in effectively shutting down a major construction site over concerns about a fire hydrant and a belligerent project manager said to pose a "psycho-social hazard".


Road sense absent in contractor case: Court

A judge has lamented the shortage of "common sense" on display in a case in which a union contends a government agency breached its agreement's secure jobs and consultation provisions when it engaged a roadworks contractor.