Court and tribunal decisions page 139 of 374

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Entry permit granted despite coronavirus-related slip-up

The FWC has issued a new entry permit to an AMOU organiser who claimed his COVID-19-related workload twice led to him inadvertently using an expired ticket when he visited members on offshore vessels.

S-xually-harassed manager wins aggravated damages payment

A third-party courier driver who s-xually harassed a Sanity manager when he slapped her on the bottom, repeatedly called her the "lewd" name "Juicy Lucy" and asked many times about her relationship status has been ordered to pay aggravated damages, largely for retaliating by serving her with a defamation letter in response to her internal complaint.

"If only her solicitor had been as diligent": Bench

An FWC bench has on the basis of representative error allowed a late unfair dismissal application after noting how thoroughly the employee pursued her claim, remarking "if only her solicitor had been as diligent".

Judge baulks at signing off on shrunken class action settlement

The Federal Court has put the brakes on the $1.9 million settlement of a $65 million class action against marketing agency Appco, noting it would leave more than 1000 former fundraisers with "diddly squat" after the litigation funder takes half.

'Time fraud' sacking upheld despite employer being "asleep at the wheel"

The FWC has upheld the dismissal of a patrolling council worker accused of "time fraud", despite finding that her supervisor was "asleep at the wheel" in overlooking GPS data revealing that she regularly started late and visited her partner's home during work hours.

$1000 payout for worker denied JobKeeper

An employee potentially denied JobKeeper payments when his employer failed to consult him before making him redundant has won just $1000 compensation.


FWC rejects believer's bid to revive dead claim

A HR manager whose Christian faith led to him withdrawing an unfair dismissal claim after belatedly accepting he had been genuinely made redundant due to a coronavirus-related downturn has failed to win more time for a second application lodged upon learning new personnel had apparently filled his former role.

Bench quashes deal with "extraordinarily wide scope"

An FWC full bench has overturned the approval of a labour hire deal, finding a "disjunction" between its scope and the roles performed by workers meant it should not have been found genuinely agreed.

Employers resist push to limit junior rates in retail sector

Employers have pushed back against the SDA's campaign to remove junior rates in the retail sector for all but the lowest of eight classifications, arguing it will "unambiguously" raise costs and slow promotions.