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Away from home allowances all in a day's work: Court

The Federal Circuit Court has awarded a long-distance bus driver $13,000 after rejecting his employer's argument that he was employed to work shifts rather than calendar days and therefore not entitled to a living away from home allowance.

High Court hears "scab" dismissal case

The High Court has reserved its decision on whether BHP Coal fell foul of the Fair Work Act's adverse action provisions by sacking a worker for breaching its workplace conduct policy after he held up an anti-"scab" sign at a picket.

Government moves to reinstate Fair Entitlements cap

The Abbott Government this morning introduced a Bill in the House of Representatives to cap redundancy payments under the Fair Entitlements Guarantee scheme at a maximum of 16 weeks, describing the current benefits for employees of insolvent companies as "overly generous" and as creating a "moral hazard".


FWC must advise employer on reinstatement options: bench

A Fair Work Commission member's failure to alert an aged care operator during an unfair dismissal hearing that she might reinstate a nurse to a different operational area represented a denial of natural justice, a full bench has found.

Mother of a mistake no justification for late application

Allowing a late unfair dismissal application because of representative error is less likely to occur where the agent is not professionally qualified, a Fair Work Commission appeal bench has ruled.

Employer not liable for Christmas party king-hit

A court has ruled that a company did not breach its contractual duty of care for an employee who was injured in an assault during a Christmas party cruise.

Ashurst lawyer slams employer's "egregious contempt"

The Federal Circuit Court has added $40,000 and costs to a company's unfair dismissal bill after it failed to pay a sacked worker $49,000 the Fair Work Commission awarded him.

HR manager loses adverse action case

A part-time HR manager's bullying claim against her chief executive backfired when her employer discovered while investigating her complaint that she had been using its resources to do work for other organisations.