Court and tribunal decisions page 186 of 371

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Fire-damaged machinery, not bushfires, caused stand down: Bench

A wood mill operator does not have to pay its former workforce for a five-week stand-down period after an FWC full bench confirmed that the time lost was due to damaged machinery, rather than the bushfires that rendered it inoperative in the first place.

Department's failure to use HR experts led to unfair sacking: FWC

The Victorian Department of Parliamentary Services' failure to utilise its HR expertise has contributed to a finding that it unfairly sacked a senior electoral officer on the basis that he lost the trust and confidence of the Labor candidate he served.

Health risk cited as FWC issues "no yelling" anti-bullying orders

The FWC has taken a cautious approach in issuing an interim anti-bullying order restraining the co-owner and an employee of a retail business from belittling each other, suppressing identities amid "genuine health concerns" for both parties.



"No grounds" for doctor's bullying assessment: FWC

A tribunal member has in rejecting a late unfair dismissal application cast doubt on the merits of a medical certificate asserting the worker was suffering from depression caused by workplace bullying, questioning whether the doctor was qualified to make such an assessment.

HR manager's silence scuttles marine deal variation

The FWC has prevented a large employer from varying an agreement after its HR manager failed to fully address concerns the amendment could remove some employees from coverage without their knowledge.

Guard awarded $30K after sacking over drunk patient clash

In a reminder of the need for employers to strictly follow disciplinary procedures, the FWC has ordered a hospital pay more than $30,000 to a former security guard unfairly sacked over his treatment of an absconding mental health patient.

Union "hack" did not damage NRMA brand: Court

The NRMA has lost a case that could have brought the entire field of IR within the operation of consumer legislation, after it failed to establish that the CFMMEU's maritime division breached consumer laws and maliciously damaged its brand during negotiations for Manly Fast Ferry workers.

Disputed dismissal date not given enough regard: Bench

A tribunal member failed to properly regard the disputed date of an embassy employee's dismissal in refusing to allow him to proceed with a general protections claim, an FWC full bench has found.