Court and tribunal decisions page 181 of 372

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Brawl at BHP Xmas party justifies sacking

The FWC has upheld the sacking of a BHP Coal mineworker who punched a supervisor in the face and asked a colleague if she had "fake t-ts" at a company Christmas party, but has reinstated another employee dismissed for serious misconduct at the same event.


Excessive hours left BT manager no option but to jump: FWC

The FWC has found Westpac subsidiary BT unfairly dismissed a business development manager by giving him "no effective or real option but to resign" when it failed to deal with his excessive working hours or investigate his complaints against a former mentee.

Employee demoted after s-xual harassment complaint

An employer victimised a supervisor by forcing her to take leave and change roles after she complained that a male colleague s-xually-harassed her when he stared at her breasts, a tribunal has found.

Court substantially rejects riding crop harassment case

The Federal Court has largely rejected a former CSIRO scientist's claim for more than $300,000 in compensation for alleged sexual harassment, discrimination and adverse action, instead awarding her $1000 over a senior manager's failure to comply with grievance procedures.

Not all underpaid visa holders "vulnerable": Judge

A judge has ordered more than $200,000 in compensation and penalties against two underpaying former company directors at the same time as roundly rejecting FWO attempts to characterise the dental technician involved as a "vulnerable" visa-holder.

"Unidentifiable" consequences help post-midnight claim proceed

In a decision that potentially moves the dial on how much the 21-day deadline for unfair dismissal claims can be stretched, the FWC has in discerning no practical consequences granted an extension to a worker who lodged their form 29 minutes after midnight on a Friday.

Employer body denied refund of millions in payroll tax

A peak employer body has lost a lengthy battle to reclaim millions of dollars in payroll tax on the basis of its charity status, a court finding the network's model "primarily focused on serving the self-interest of its members" rather than promoting a stronger economy for everyone.