Court and tribunal decisions page 175 of 373

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"Feeling fabulous" posts derail adverse action claim

In yet another decision highlighting the potential pitfalls of social media use, the FWC has dismissed the extension of time application of a beauty therapist who claimed to suffer from agoraphobia but posted regular images of herself out with friends and "feeling fabulous".

Union official loses entry permit after "unprovoked" outburst

The FWC has taken the rare step of revoking the entry permit of a CFMMEU official who aggressively swore at a subcontractor at a road construction site before asking if he was going to use the hammer he was carrying "to smash me".

Depressed worker needed clearer guidance: Tribunal

An EPA worker believed to have contracted Legionnaires' disease by walking past Sydney Town Hall during an outbreak has won reinstatement after establishing that it caused him to suffer major depression that contributed to his poor work performance.

"Big threatening scary man" comment not s-x bias: FWC

The FWC has rejected allegations that a female supervisor's description of a worker as a "big threatening scary man" amounted to s-xual discrimination, finding no evidence that he was treated less favourably because he was a male.


FWC halts campaign of "coordinated" sickies

The FWC has issued a s418 order to stop 31 individual Orora Packaging employees taking unprotected industrial action in the form of "coordinated" personal leave that has shut down production lines.

Slow FWC payment system blamed for late lodgement

The FWC has accepted an unlawful dismissal claimant's contention that the tribunal's "slow processing" of her $73.20 filing fee explained a two-minute delay in online lodgement.

Bench declines to trim hairdressers' penalty rates

An FWC full bench has rejected a bid to reduce hairdressers' penalty rates for weekend and public holidays, while seeking further submissions on whether weekend rates should be paid in addition to casual loading.

Suspending action won't hasten new deal: FWC

An employer has failed to convince the FWC that suspending industrial action would improve the chances of reaching agreement before the business is transferred to a new owner.

"Assumptions" undermine deed duress claim

In a case clarifying when an employee can claim they signed a deed of release under 'duress', the FWC has thrown out a director's unfair dismissal matter after finding he had ample opportunity to test his assumption that he would not be paid his entitlements if he did not put pen to paper.