A FWC full bench has ruled that in assessing whether reinstatement is appropriate in an unfair dismissal case, the tribunal should not take into account any ill-will arising from continuing legal proceedings between an employee and an employer.
In an important ruling on the definition of industrial action, the Federal Court has held that the provision of sensitive information to the media by employees is not "protected" under the Fair Work Act and might leave them vulnerable to breach of contract and coercion claims.
Another High Court case on the Fair Work Act's protections for employees engaged in union activity might not be far away, according to a leading IR academic, after the CFMEU's appeal against the Federal Court's BHP Coal "scab-sign" ruling was this morning rejected by a 3-2 majority.
RMIT honorary professor and long-serving IR academic Breen Creighton says Australian labour law legislation has been characterised by knee-jerk responses to non-existent problems, a lack of willingness to allow existing laws to deal with issues, and "political opportunism", which explains why the major statute had been amended five times a year on average since 2009.
A High Court majority has dismissed the CFMEU's appeal against the Federal Court's decision that BHP Coal did not take adverse action when it dismissed a union delegate when he waved an "anti-scab" sign on a union picket.
Two council workers who were sacked after visiting the same TAB during working hours have met markedly different fates, with one winning his job back and the other losing his unfair dismissal case.
Target has enough HR staff to not need legal representation; Data upload difficulties lead to time extension; Mental health provider given go-ahead to employ ATSI people only; Biggest ever electronic ballot gets go-ahead for DHS; and Former retail group head facing fraud charges.
Kathy Jackson's lawyer has succeeded in staving off the HSU's bid for a $700,000 summary judgment against her for now, with the Federal Court ordering him to provide more medical evidence of her condition.
A hotel management company that took unlawful adverse action when it stopped giving shifts to a casual bartender who complained of being underpaid has been ordered to pay $11,000 compensation, including a sum for distress, hurt, and humiliation.
