Damages and compensation page 39 of 54

532 articles are classified in All Articles > Legal > Damages and compensation


Lack of HR expertise didn't excuse "shoddy" dismissal

A restaurant that required a chef to work more than 20 unpaid hours a week and summarily sacked him when he sought to pare it back and take leave was "blissfully unaware" of its award obligations, the FWC has found.

HR manager's "predetermined view" made sacking harsh: FWC

In an instructive case on managing conflicts of interest, the FWC has found a money management company had a valid reason to sack a budget specialist who failed to disclose his casino visit to stop a client and friend from blowing his inheritance, but an HR manager's actions rendered it harsh.

Visa worker "ripe" for exploitation: FWC

In a ruling criticising the practice of diplomats recruiting domestic workers from overseas, the FWC has ordered Iraq's consul-general to pay $20,000 to a Filipina live-in nanny dismissed after raising concerns about her entitlements.

CFMMEU pursues joint venture and others over alleged underpayments

The CFMMEU has begun Federal Court action that seeks to hold John Holland and CPB Contracting vicariously liable for subcontractors' alleged underpayment of wages and entitlements on Canberra's light rail project, with the union seeking to recover $700,000 and impose penalties.

Conspiracy theorist subjected to "assumed disability" bias

In a rare "assumed disability" discrimination case that has exposed legislative shortcomings, a tribunal has awarded $20,000 to a public servant forced to take sick leave over concerns about her enthusiasm for conspiracy theories.


Vulgar worker sacked in "hopeless manner"

The FWC on rehearing a yard hand's dismissal application has observed his employer's lack of HR expertise did not wash as an excuse for the "disgraceful and grossly unfair" sacking, but slashed compensation due to his vulgar language and propensity to snap when frustrated.

Ending temporary government worker's shifts was dismissal: FWC

In a significant decision affecting those in temporary government roles, the FWC has found a Federal department failed to recognise it was dismissing a "non-ongoing" employee when it informed him that repeated instances of disrespectful behaviour meant he would not be offered further work.

Ombudsman renews bid for big fine against MUA

The FWO has launched a challenge to last month's Federal Court order for the MUA to pay a $38,000 fine for a single contravention of the prohibition on unlawful strikes, when the watchdog was seeking $3.6 million for what it says was more than 500 breaches during industrial action against stevedore Hutchison Ports.

Tribunal overturns sacking of elderly fixed-term contract worker

The ripples from a recent decision upsetting the authority on outer limits contract workers pursuing unfair dismissal claims have reached another jurisdiction, with the WA IR Commission ordering the reinstatement of a septuagenarian school traffic warden who had been "taken advantage" of by the employer.