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Will mutual trust and confidence give rise to dismissal damages?

A leading barrister has looked ahead at issues - including damages in dismissal cases - likely to arise if the High Court confirms the existence of an implied term of mutual trust and confidence in Australian employment law.


Direction to work extra hours ruled unlawful and unreasonable

A company's requirement for an employee to work additional unpaid hours and make himself available on-call was neither lawful nor reasonable, the Fair Work Commission has ruled in upholding his unfair dismissal claim.



Worker's insubordination grounds for dismissal: FWC

A fly-in, fly-out worker who made bullying and intimidation complaints but then refused to comply with his employer's instructions or grievance process has lost his unfair dismissal claim.

Law firm predicts industrial action, productivity, next on agenda

A new report from a major employment law firm predicts that the Senate will pass the Abbott Government's Fair Work Act and building industry amendments, suggests the next reforms will be limits on industrial action and productivity requirements for enterprise agreements, and highlights the lower than expected activity in the FWC's anti-bullying jurisdiction.

HR shortcomings make urinating driver's dismissal unfair

A truck driver sacked for urinating outside the entrance to a Woolworths warehouse will receive around $14,000 in compensation after the Fair Work Commission ruled his employer's handling of the investigation into the incident rendered his dismissal unfair.


Qantas policy roll-out failure a factor in reinstatements

Two long-serving Qantas flight attendants who breached the airline's taxi card policy have won their jobs back this morning after the Fair Work Commission found there was no valid reason for their dismissals.