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Union seeks order to inspect non-member records; alleges company removed documents

United Voice has asked the Fair Work Commission to order Glad Cleaning Services Pty Ltd to produce employment records for cleaners at several Melbourne CBD offices, after allegedly overhearing the company's HR manager on a mobile phone during a tram ride admitting Glad removed documents before a union inspection.

Intimate text messages between consenting adults ruled inadmissible

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".

Disciplinary action not in breach of whistleblower laws: IRC

An employee suspended for refusing to work from home while his bullying allegations were investigated has failed in his bid to rely on state whistleblower legislation to secure injunctions against further disciplinary action, including his sacking.

Seeking legal advice is a workplace right: Federal Court

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.


Sacking train driver was adverse action: Court

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.


FWC says not its job to determine jurisdiction in general protections matters

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.


Bench splits on annual leave review; RCAV seeks court ruling on $266m impost

A Fair Work Commission full bench has rejected – by a two to one majority – a raft of claims to vary annual leave provisions in modern awards as part of the two-year transitional review, finding that many of them would more appropriately be dealt with in the broader review next year.