Court and tribunal decisions page 360 of 374

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Company's tolerance of bullying conduct meant dismissals unfair: FWC

Global smelting company Nyrstar had a valid reason to sack two workers for a history of bullying behaviour, but its failure to deal with the conduct over a long period and to put specific allegations to them meant the dismissals were unfair, the FWC has ruled.


Full bench throws out entry permit appeal

A Fair Work Commission full bench has upheld a decision to refuse a Queensland building union official an entry permit, while a senior member has stayed the suspension of permits for 12 other officers.

Mobile phone policies under FWC spotlight

In two separate decisions, the Fair Work Commission has ruled that it has the power to arbitrate on the use of mobile phones at BHP Coal's Bowen Basin mines and that a tram driver was unfairly sacked after being accused of using his phone while on the road.

Pattern of inappropriate behaviour justifies dismissal

A Toll employee who intimidated a drug and alcohol testing technician and maintained he was medically unfit to attend meetings with management about his behaviour was validly dismissed, the Fair Work Commission has found.

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.