Court and tribunal decisions page 359 of 373

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Court delays HSU election

The HSU's Victoria No 1 branch elections have been delayed until a federal court inquiry is held into the eligibility of two nominees.


Valid reason outweighed by long service and investigation delay

A major IT company had a valid reason to sack a project manager who wrongly claimed overnight expenses on 141 occasions over less than 12 months, but his dismissal was unfair given his long and otherwise unblemished service and the long delay in investigating the misconduct, the Fair Work Commission has ruled.

Court orders ex-union official to repay money in legal first

The Federal Court has fined the HSU and three former Victorian officials a total of nearly $68,000 for financial governance irregularities, and, in a first under registered organisations legislation, ordered one of them to repay the union more than $26,000.

Good faith bargaining victories for employers

The Fair Work Commission has granted a company's request for good faith bargaining orders to provide for separate negotiations over four agreements in one case, but has knocked back a union's application for orders in another after finding that the employer was entitled to take a "hard" position in discussions.

Away from home allowances all in a day's work: Court

The Federal Circuit Court has awarded a long-distance bus driver $13,000 after rejecting his employer's argument that he was employed to work shifts rather than calendar days and therefore not entitled to a living away from home allowance.


FWC must advise employer on reinstatement options: bench

A Fair Work Commission member's failure to alert an aged care operator during an unfair dismissal hearing that she might reinstate a nurse to a different operational area represented a denial of natural justice, a full bench has found.

Mother of a mistake no justification for late application

Allowing a late unfair dismissal application because of representative error is less likely to occur where the agent is not professionally qualified, a Fair Work Commission appeal bench has ruled.

Employer not liable for Christmas party king-hit

A court has ruled that a company did not breach its contractual duty of care for an employee who was injured in an assault during a Christmas party cruise.