Court and tribunal decisions page 156 of 372

3715 articles are classified in All Articles > Legal > Court and tribunal decisions


Lawyer's admission fails to win extension for worker

In a significant decision considering representative error, a solicitor has failed to convince the FWC that his miscalculations in filing a late unfair dismissal application justified an extension, after the worker waited 15 days to confirm she wanted to proceed.

Nurse with hearing loss disadvantaged by rigid shift rules

NSW Health must compensate a registered nurse for lost shift penalties and refrain from rostering her on morning and night shifts after a tribunal found it indirectly discriminated against her on the basis of her hearing impairment.

Whistleblowing academic and university settle their differences

An academic who went public with concerns about international student admissions practices has dropped his adverse action claim against Murdoch University, which in turn has dropped its counter claim in a settlement hailed as a big win by the NTEU.


"Inappropriate" Salvos worker fails to win time extension

A Salvation Army recruitment agency worker accused of threatening to break colleagues' fingers if they adjusted the air conditioning has failed to convince the FWC that her stress disorder and a delayed dismissal letter justified an extension of time.

Members should hold unions to same standards as lawyers: FWC

Members who pursue unfair dismissal applications through their union should expect the same expertise and professionalism as would be provided by a lawyer, the FWC has found in granting an extension of time due to representative error.

Big miner penalised after HR manager's "opaque" evidence

A judge has highlighted an HR manager's "opaque" attempts at explanation in deciding to fine mining giant Glencore for failing to pay a retrenched employee his full entitlement for untaken long service leave.

No go for invalid vote as deal narrowly terminated

The FWC has approved the union-opposed termination of a clothing company's enterprise deal after observing it was not an "intellectual stretch" for an employee to correctly cast a vote that would have halted it.


SDA failed to act in sacked member's best interests: FWC

The FWC has today upbraided the SDA for its poor management of a conflict of interest at failed retailer Harris Scarfe, when the union's national executive decided to delay filing a member's unfair dismissal claim to avoid jeopardising the company's sale and preserve 1200 jobs.