Sexually explicit text messages between two colleagues in a relationship were found to be inadmissible in an adverse action case because it couldn't be concluded that the "author would be likely to replicate in the workplace the content, tone or subject of text messages which were indisputably intended to remain private".
The Federal Court has ruled that a betting agency employee's ability to seek legal advice about unpaid commissions was a "workplace right" and that when she threatened to exercise it, her employer took adverse action against her by threatening to sack her.
The Federal Circuit Court has found a rail company took unlawful adverse action when it dismissed a locomotive driver who became sick and anxious and couldn't go through with a competency assessment six weeks after he was involved in a crash.
The Toll Group and the TWU have reached an "in principle" agreement for the company's 10,000-strong workforce, delivering a potential pay increase of 15.25% over four years and a commitment to maintain employer super contributions at 3% above the statutory minimum.
In a decision that has the potential to expand the number of general protections cases, a Fair Work Commission full bench headed by the president has ruled that the tribunal has no power to dismiss an application on jurisdictional grounds and must hold a conference once a claim has been lodged.
A Chinese company that brought 24 workers to Australia to dismantle machinery and paid them just a portion of their total wage during the four-plus months they were here – with the balance then delivered on their return to China – has been fined $14,850.
In a split decision, a NSW IRC full bench has upheld an appeal against orders preventing the dismissal of three corrections officers, after finding that Deputy President Rod Harrison had incorrectly based his decision on whether the officers were guilty of serious misconduct.
A new paper recommends changes to the Fair Work Act to provide stronger protections for students undertaking vocational placements and work experience, suggesting they have become the new "phenomenon" of the workplace in the 21st century following the casualisation of the 1980s and 1990s.
