Court and tribunal decisions page 1 of 190

1896 articles are classified in All Articles > Legal > Court and tribunal decisions


Employer's underpayment hit doubled for missing paperwork

In a decision reinforcing the need for employers to maintain timesheets, a court has more than doubled the restitution a family-run business must make despite questions of credibility about the sponsored couple claiming underpayments.

"Vague" task list no basis for sacking over productivity: FWC

In a decision highlighting the perils of relying on nebulous performance measures to assess productivity, the FWC has ordered an IT company to compensate an employee dismissed after being assigned a "vague" To Do list.

IR manager targeted as CFMMEU counter-sues in entry case

Ahead of Federal Court hearings into ABCC claims that two CFMMEU officials breached entry laws at a Melbourne freeway project in 2017, the union is suing the head contractor and its IR manager for obstructing their efforts to investigate suspected safety breaches.


Dismissal round-up: Spam excuse wins extension; & more

Time extended after application lands in spam folder; Woolies failed to clarify termination date; FWC upholds sacking for taking unauthorised leave; and Tribunal backs dismissal for threat to "kill" manager.

Personal payment orders mount up for Victorian CFMMEU officials

A Federal Court judge has again pointed his finger at Victorian CFMMEU secretary John Setka's leadership in issuing a personal payment order against one of his long-serving officials for blockading a worksite to pressure a builder into negotiating an agreement with the union.


Senior FWC member resists bench's recusal advice

A senior FWC member has sought to contain the fall-out from a full bench decision recommending those conciliating a matter should automatically cease arbitrating it if a party objects, observing that simply sending an email citing the case does not guarantee success for such requests.

Court penalises MUA for "sympathy strike"

The Federal Court has today imposed $36,000 in fines for a "sympathy strike" last year by MUA members at Patrick Stevedores' Port Botany container terminal.

FWC rejects DP World allegation of "go slow" on docks

The FWC has dismissed DP World's application for orders to halt an alleged "go slow" at its Melbourne container terminal, citing concerns over the statistical evidence tendered by the stevedore.