Court and tribunal decisions page 140 of 374

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Jetstar's "unresponsive" ER manager ignored dispute: FWC

Ignoring a union's frequent letters challenging whether it could make senior engineering appointments on a temporary rather than permanent basis gave Jetstar no standing to claim a deal's dispute resolution process had not been correctly followed, the FWC has ruled.

Former MacBank advisors awarded $1.3m after "rapacious" claims

Forty-eight former Macquarie Bank wealth advisors have been awarded compensation totalling more than $1.3 million despite a judge describing as "rapacious" their claims about underpayment of various leave entitlements.

Keane defends Banerji ruling; BHP OS case; & more

Keane defends High Court's approach to worker's freedom of expression; BHP in-house labour hire arm faces court over Xmas shifts; Gig work the new "Hungry Mile"; and Further objection to proposed enterprise union.

FWC boosts WFH campaign as award flexibilities extended

The FWC has used the further extension of COVID-19-related flexibilities in the clerks award to advance its campaign for enduring changes in working-from-home arrangements, calling on employers and unions to report back on possible variations to address the issue by early next month.

Court orders $5 million-plus adverse action payout

In a significant general protections ruling, the Federal Court has today ordered an ASX-listed enterprise software company to pay more than $5.2 million in compensation, damages and penalties to a senior employee sacked after he made bullying complaints.

Unfairly sacked visa holder duped English testers

A restaurant unfairly dismissed a 457-visaholder cook who had an imposter sit his English competency test and secretly recorded conversations after reporting it for alleged exploitation, the FWC has held.

Tirade against manager no justification for sacking by email

The FWC has reminded employers that when it comes to dismissals, even "difficult" workers are entitled to natural justice, awarding compensation to an employee summarily sacked by email after repeatedly abusing his manager.

Employsure business model gets tick from court

The ACCC's five-pronged case against Employsure over alleged misrepresentations and unfair contracts has been tossed out, the Federal Court crucially accepting that its target audience is confined to employers rather than a broader category including workers.

Union botched employee's pandemic-related redundancy: FWC

The FWC has taken the TWU to task for botching the redundancy of a long serving Victorian/Tasmanian industrial administrator, sacked on the spot to cut costs in the early days of the coronavirus pandemic.

Court invites re-pleading after "ill-expressed" claim struck out

The Federal Court has struck out a doctor's statement of claim accusing the Department of Health of adverse action, discrimination, stalking and torture, also removing a pause on her possible dismissal over alleged code of conduct breaches.