The Federal Court has refused to compel three employees to hand over documents to their former employer to help it decide whether to sue them for breaching contract and corporations laws, finding the company had failed to make enough inquiries of its own before seeking discovery orders.
Employee lawyers are reframing contract of employment claims to include a duty of good faith in the wake of the High Court rejecting an implied duty of trust and confidence, but face an uphill battle to entrench the principle in Australian law, according to some senior academics.
Stevedoring giant DP World was entitled to summarily dismiss an MUA delegate who called a colleague a "f--king lagger" and instructed another worker to lie in a related investigation, and the sacking did not amount to adverse action, the Federal Court has ruled today.
A confectionery company's direction to its production workers to shift their jobs 34km across Sydney's southern suburbs breached their rights under their enterprise agreements and employment contracts, a FWC full bench has ruled today.
The NSW Supreme Court has ruled that the ANZ Bank did not need to prove that an executive leaked a doctored email to the media before sacking him without notice, only that it had formed the "opinion" that he had.
Qantas has won an appeal against a tribunal finding that two of its customer service agents had a right to indefinitely maintain a job-sharing arrangement.
Alcoa Australia has been ordered to bargain with the CFMEU for an enterprise agreement to cover 15 power supply operators at its regional Victorian plant after the Fair Work Commission granted the union a majority support determination.
A software engineer breached his employment contract, his equitable duty of confidence, the Copyright Act and the Corporations Act when he downloaded more than 380,000 of his employer's files onto a hard drive, just before he resigned, a court has found.
The Australian Football League is arguing that its 120 media employees are not operationally and organisationally distinct from the rest of its workforce, as it tries to defeat a push by the MEAA for a majority support determination.
The Fair Work Commission has rejected a second attempt by electricity distributor Essential Energy to move some managers and senior technical employees from an enterprise agreement to individual contracts, ruling that the "common understanding" of the agreement's coverage clause overrides its literal meaning.