Court and tribunal decisions page 236 of 372

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Efforts to improve "diligent" employee's performance not bullying: FWC

A one-time star employee's anti-bullying application has been rejected despite acknowledgment of his "devastation" at being placed on successive performance improvement plans he believed resulted from unfair interpretations of his position description.

Accident pay ruling upheld after pilot's crash

The Federal Court, in re-determining part of a decision awarding $150,000 in underpayments to an ex-employee, has held that she is entitled to a year's accident make-up pay as it kept accruing after her employment ended, but says her superannuation accrual ended with her job.

Big fines for employer that withheld parental leave payments

The Federal Court has ordered a company and its director to pay substantial fines for failing to pass on more than $11,000 in parental leave payments to a cook and then concealing their actions after the FWO began asking questions.


Hairdresser's Facebook sacking a bad cut, says FWC

The FWC has found that a hairdresser who both quit and was told she was fired during a bizarre late-night Facebook Messenger exchange was in fact unfairly dismissed, with the FWC observing there was no reason for it beyond the salon owner's "conspiracy theory".

Court green-lights sham contracting class action

A class action alleging sham contracting against a major marketing agency will proceed after a court dismissed arguments that it was impossible to rule on the employment status of more than 1000 claimants without examining their individual circumstances.

FWC issues production orders over unions' territorial tussle

The FWC has found it reasonably arguable that the NUW is involved in a coordinated approach to involve itself in bargaining at Linfox despite being ineligible to represent its tanker drivers, issuing production orders regarding a non-Linfox NUW delegate who seeks to be a bargaining representative.

"Blackmail" an afterthought, Boral executives admitted

Key witnesses in this week's collapsed criminal case against two Victorian CFMEU leaders told the Melbourne Magistrates Court that nobody mentioned the word "blackmail" to them until more than a year after a crucial meeting in April 2013.

Sacked union official made "impossible" demands: Tribunal

A tribunal has thrown out a union official's claim he was discriminated against on the basis of his psychological condition and industrial activity, instead finding that his dismissal after five months off work followed an "impossible" demand for assurances he wouldn't be sacked for outstanding disciplinary matters.

Pilots laud new deal, questionable repayment clause included

Virgin Australia can use pilots' entire final pay to meet increasing costs of training new recruits if they leave within three years, under a domestic pilots' agreement that the FWC has approved despite finding it "likely" that the clause is not a permitted deduction.