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388 articles are classified in All Articles > Workplace policy > Case law


FWC corrects record for "insubordinate" sparkie

A Smith's Snackfood electrician accused of insubordination and repeatedly refusing to follow directions to assist during a fire has failed to knock out his final warning, but the FWC says his "entirely understandable" application has set his disciplinary record straight.

Vax policy put pressure on workers: FWC

A senior FWC member has described a public transport agency's vaccination policy as "pressur[ing]" workers to "give up [the] fundamental right" to bodily integrity, before ordering it to pay five train drivers sidelined because of their non-compliance.

Worker sacked over coronavirus jab gets day in court

The FWC has found that a worker sacked by the Ubuntu Church for obtaining a COVID-19 vaccination is an employee, clearing the way for her to pursue an unfair dismissal claim.

FWC backs sacking of driver who failed to disclose stroke

A tram driver whose failure to disclose his stroke "strikes at the heart of the employment relationship" has failed to establish that his employer unfairly sacked him, despite one of the employer's doctors breaching confidentiality requirements to set the record straight.

Calling unvaxxed worker's rep "Mr" no basis for recusal: FWC

A senior FWC member has refused to recuse himself for addressing a worker's representative as "mister" in an unfair dismissal case that argued an employer should have permitted an unvaccinated employee to keep working from home during COVID-19 restrictions instead of sacking her.

Judges put on notice after harassment review

Victorian courts have vowed to tackle the "open secret" of s-xual harassment, endorsing recommendations that include actively identifying judicial officers known or suspected of such behaviour and "taking steps" to protect vulnerable staff from them.

Pandemic no "stalking horse" to undermine rights: Court

In a detailed examination of a major government department's early response to the COVID-19 pandemic, the Federal Court has rejected union claims that a hastily-conceived working from home policy breached existing arrangements and consultation requirements.

Mobile ban hindered union official: Court

A court has found that a union official needed to bring his phone onto a worksite to protect the rights of employees he represented, ruling that a meat processing company unlawfully hindered him by refusing entry unless he surrendered it.

Court rebuffs Employsure suppression bid

IR advisor Employsure has failed to stop Workplace Express from accessing part of a manager's adverse action claim, after contending that it contained confidential information about a restructure that could give competitors an advantage.

Commissioner went off grid in timesheet dispute: Bench

A tribunal member, at the urging of a union, placed too much emphasis on employer Ausgrid's investigation rather than the conduct of workers accused of timesheet fraud, a FWC full bench has ruled.