Court and tribunal decisions page 3 of 368

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"Judge, jury and executioner" sacking was harsh: FWC

A small not-for-profit organisation with no shortage of valid reasons for dismissing a finance manager who "disappeared" during an audit period has nevertheless been ordered to pay her more than $12,000 compensation after the FWC found its executive director should not have acted as "judge, jury and executioner" by overseeing the entire disciplinary process.

Employer's 250-strong in-house team no barrier to external lawyers

An individual bargaining agent has failed to persuade the FWC that it should not permit Australia's largest private sector company and second-biggest union – both with substantial legal and IR capacity – from engaging external lawyers to defend a bargaining order bid, as negotiations continue to replace its supermarkets deal.

FWC turns volume up on Cochlear bargaining

One of the country's longest-running bargaining disputes has sprung to life again after the FWC granted the AMWU a majority support determination despite protestations from employer Cochlear that union officials trespassed on its premises in pursuit of petition signatures.

Bench makes IBD for second Cleanaway site

A FWC full bench has granted the TWU an intractable bargaining declaration at a second Cleanaway site, in Wollongong, ahead of a hearing to consider a determination for the waste giant's Erskine Park site in April.

Murder suspect given extra time to contest sacking

An accused murderer has won extra time to pursue an unfair dismissal case against the ATO, claiming it constructively dismissed him when his wife used her power of attorney to tender his resignation while he was incarcerated and suspended from work.



Underwhelming settlement offers torpedo costs bid

An employer has failed to win costs against a former sales representative who rejected five increasing settlement offers before losing her adverse action case, a judge observing that there was "nothing especially alluring" about any of the offers.