Court and tribunal decisions page 1 of 221

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Union lawyer's oversight no excuse: Bench

A union legal officer's mea culpa over unread emails has not been enough to salvage a late appeal against an agreement, after an FWC full bench found it did not excuse such a "sophisticated" organisation failing to identify that the contentious deal had won approval.

Cup day dismissal not on the nose

Procedural flaws in a worker's summary dismissal on Melbourne Cup day did not outweigh the seriousness of having invited the theft of a company vehicle by leaving the keys in the ignition, the FWC has found.

Tribunal rejects former lawyer's bid to block legal representation

An employer has won permission to have a legal representative defend an unfair dismissal case in the face of opposition from a sacked former employee who failed to disclose he is a highly-experienced lawyer disbarred after a conviction for s-xual assault.

Sacked public servant "misled" by government website

An FWC presidential member has taken a swipe at a "misleading" state government website for wrongly convincing a public servant that the federal tribunal was the right forum in which to contest her dismissal.

FWC pares back JobKeeper hours reduction

An employer that "overplayed its hand" when it issued a JobKeeper-enabling stand-down direction cutting a full-time worker's hours by 50% has been ordered by the FWC to pare back the reduction to 20%.


"Admonished" for wearing fast-fashion shoes, sacked lawyer claims

The FWC has agreed to hear a senior public sector lawyer's claims he was denied pay rises after being "admonished" for wearing Zara brand shoes, despite a court finding his employer conducted two procedurally fair investigations before sacking him for misconduct.

107-day hiatus granted until teenage witness finishes studies

The FWC has adjourned a dismissal case for at least 107 days so that a Catholic secondary school's "critical witness", the person purportedly "most affected and/or aggrieved" by the alleged conduct of a sacked teacher, can finish his final-year exams and turn 18 before giving evidence.

FWC applies brake to university redundancies

The FWC has stopped Deakin University from moving ahead with hundreds of redundancies until the resolution of a dispute over whether it must consult at an institution-wide level with the NTEU before reaching a final decision.

No "presumption" penalty rate cut tied to minimum wage: Bench

The SDA has failed to head off a double whammy for retail workers whose Sunday penalty rates fall this week despite a delay to minimum wage increases, after an FWC full bench found there was no presumption they should be aligned.