Qube Ports did not take adverse action against an employee it sacked for refusing to work at a higher classification, because under its enterprise agreement it could make that direction, a full Federal Court has found.
An executive has failed in a court bid to find that an indemnity clause in his employment contract meant he wasn't liable for a $30,000 indemnity costs order, awarded due to his unmeritorious claims.
A court has made it clear that employers can be obliged to provide reasonable notice beyond requirements in the NES, in an adverse action case triggered by a general manager's sacking for comments about a major client's pregnant wife that "when you have a baby your wife is ripped from asshole to c--t and it never looks the same again".
The Victorian Supreme Court has rejected a long-running claim by a former Police Association leader that the then Police Chief Commissioner tried to force him out of the union job by launching a malicious prosecution in 2007.
An employer that required a manager to work up to 70 hours a week and be on call 24-hours-a-day when it cut its workforce and outsourced maintenance breached its duty of care to prevent him from developing a psychiatric injury, Victoria's Supreme Court has found.
A senior ATO officer's dismissal for refusing to perform duties has been upheld by a FWC full bench, despite claims he lacked the capacity to do the work.
A mineworker stood down by a Rio Tinto subsidiary after he won more than $600,000 in damages for serious injuries sustained at work has won an adverse action claim in the Federal Court.
The FWC has revoked an order granting the AIMPE access to crucial documents that might provide the basis for entry rights for discussions with tug crew members engaged as "partners" serving BHP Billiton's iron ore export operations at Port Hedland.