Mining giant Peabody has asked the High Court to weigh in on the "critical question" of when redundancies can be considered genuine and the extent of FWC powers to determine how employers might avoid job losses.
A full Federal Court has clarified the extent to which employers must investigate alternative roles for workers caught up in restructures, finding that a mining company had an obligation to assess whether employees could replace already-engaged contractors before making them redundant.
"Similarities" with the case of a worker awarded compensation after being shown the door for missing a COVID-19 vaccination deadline have not been enough to persuade the FWC that a public utility unfairly dismissed an employee when it denied him a chance to wait for a Novavax jab.
A judge has been forced to pick apart a full court's remittal order before determining that he must rehear a worker's adverse action case afresh rather than merely considering "updated" evidence.
A big employer's failure to give union representatives a "heads up" that it would impose a vaccination mandate did not necessarily render its subsequent dismissal of 25 workers unfair, the FWC has found.
Australia's largest tertiary education sector employer has commended the regulatory inclusion of s-xual harassment among instances of serious misconduct as having produced a "nuanced" shift wherein the emphasis is no longer on why perpetrators should be dismissed, but rather on why they "should not" be sacked.
A large employer had no need to pay for external lawyers when it could have relied on its HR team to argue against a former employee's "straightforward" vaccination case, the FWC has found.
A major mining company should have paid untaken sick leave to 20 retrenched employees, the Federal Court has ruled, in a judgment closely examining how the Fair Work Act's high-income threshold applies to annualised salaries.
A former public health service chief executive who claimed discrimination on the basis of "severe depression" has failed to overturn a tribunal's finding that it lacks the power to hear his bid for reinstatement and compensation.
A Federal Court judge has affirmed the primacy of federal over state laws in determining that NSW workers compensation caps did not shackle the amounts he could award to a long-serving manager whose life was "effectively destroyed" by a new chief executive.
