Court and tribunal decisions page 162 of 372

3716 articles are classified in All Articles > Legal > Court and tribunal decisions


Paramedic's "debasing" comments at hanging justified sacking: FWC

The FWC has upheld the dismissal of a paramedic accused of prematurely ending the resuscitation of a teenager who hanged himself, finding she lied to an investigator about her reasons for doing so and made "debasing" statements.

Assaulted worker should have returned to job: FWC

The FWC has upheld a company's claim that despite its two principals physically assaulting a worker and engaging in angry exchanges with him, it did not sack him.

High-earning manager can't contest sacking: FWC

A senior manager on a $240,000 annual remuneration package has failed to convince the FWC he is an award-covered employee protected from unfair dismissal.


Bench cools union attempt to reheat undertakings argument

A full bench has again affirmed the FWC's ability to use undertakings to overcome concerns about how deals are explained ahead of a vote, rejecting a CFMMEU challenge to the redetermination of a controversial power industry deal.

No hearing for teacher "forced" onto maternity leave

The FWC has refused to hear the out-of-time unlawful termination case of a teacher allegedly "forced" into taking maternity leave, finding her confusion over the dismissal date, a delay caused by filing the wrong claim and a difficult birth did not amount to exceptional circumstances.

Mistaken s-x reference no basis for costs

A senior FWC member has cited the ubiquity of "incomplete [or] incorrect" applications received by the tribunal in rejecting a regulatory body's $36,000 costs bid against a former employee who mistakenly claimed discrimination on the basis of s-x.

FWC bench "out of step" in knocking back award change: Ai Group

The Ai Group is calling for urgent legislation to enable awards to keep pace with "contemporary work practices", after an FWC full bench rejected a joint bid to boost overtime provisions for lower-level IT professionals while preserving flexibilities.

HR manager's "troubling" reliance on selective review

The FWC has rejected a major utility's attempt to introduce a zero blood-alcohol regime for its 2500-strong workforce, calling out management for a "selective" policy review and failing to alert unions that it would treat first breaches as serious misconduct instead of issuing a warning.