Court and tribunal decisions page 189 of 371

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"Intimidating" judge undermined adverse action claim: Bench

A self-represented adverse action applicant will be able to submit an amended statement of claim following a full Federal Court finding that he was last year denied a fair hearing by an "aggressive, rude and overbearing" judge.

Court backs "lawful coercion" in Vegemite jar maker battle

The Federal Court has restrained the manufacturer of Vegemite jars and CUB beer bottles from deploying its managers to perform the work of striking maintenance workers while it determines union claims that the strategy constitutes adverse action and a breach of its agreement.

Court declines to intervene in Setka's Labor expulsion

The Victorian Supreme Court has refused to intervene in the federal ALP's efforts to oust CFMMEU construction and general division Victorian branch secretary John Setka from the party, finding the process is subject to the state party's rules.

Arthritic bank teller, 68, doesn't have to move branches: Bench

The ANZ Bank has failed to overturn a decision blocking it from relocating an arthritic 68-year-old teller to a more distant branch, an FWC full bench finding that the issues raised were too narrow to enliven the public interest.

Bench rejects employer's bid to review strike suspension powers

A large employer has failed in its bid to have the FWC revisit what constitutes "significant harm" to third parties when considering halting protected industrial action, a full bench finding that the application lacked utility as the strikes concerned had long since ended.

Court rejects $120K overtime claim based on "merged" jobs

A council employee who worked back-to-back shifts alternating as a fitness instructor and customer service officer at a health centre has failed to establish an overtime claim based on cumulative hours when both jobs "merged".


Deal approved despite FWC's own BOOT concerns: Bench

The CFMMEU has questioned whether non-BOOT compliant agreements are slipping through the FWC's approvals process after a full bench quashed a three-paragraph decision green-lighting a deal despite the tribunal's own internal analysis warning that it did not pass muster.

Adverse action case revived after judge jumps gun on costs

The self-described former general manager of a "car solutions" company has been given another opportunity to pursue an adverse action claim after the Federal Court found a lower court judge denied him a procedurally fair hearing while also ordering he pay unsought legal costs.

Full court rules on leave test case

A full Federal Court has ruled today that a pair of 12-hour shift workers at a Cadbury chocolate factory are entitled to 10 calendar days of paid personal/carer's leave, rather than a lesser amount argued by their employer and the Federal IR Minister.