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Court reserves on anti-sacking case against UWU

A Federal Court judge has today reserved on an application to restrain the UWU from dismissing two organisers who claim it subjected them to adverse action for backing a majority support petition as part of a campaign for a new in-house enterprise agreement, but the union claims their case is "untenable" and should be thrown out.

Pay discount upheld for drinking, smoking teacher

A teacher who smoked and lifted a cask of wine above his head to drink from its tap during a video meeting to discuss online learning during a COVID-19 lockdown has failed to overturn a decision to dock his pay for a year.


Indemnity costs after groundless jurisdictional objection

The FWC has levelled indemnity costs against an employer that claimed to be acting on FWO advice when it objected to a former employee's adverse action case on the basis that her post-ANZAC Day filing pushed it beyond the statutory deadline.

Chest infection a temporary disability: Court

A court has ordered a cafe to pay a teenage worker $7300 compensation, including $6000 for hurt and humiliation, after it took unlawful adverse action because of his temporary disability when it dismissed him for calling in sick due to a chest infection.


Chef's adverse action claim back on menu

A FIFO chef's one-day-late adverse action application can proceed after the FWC accepted that he did not realise he filed 12 blank pages in support of his claim.

Late application to proceed after IR consultant's email fail

The FWC has found an IR consultant's failure to check his emails after business hours on a Friday or the following Monday wholly to blame for a day-late unfair dismissal claim, extending time for his client to argue it unfairly retrenched her after she converted to casual employment.

Sacked wharfie's explanation not blame-shifting: FWC

Qube Ports must reinstate a stevedore who pranged a client's $70,000 Mercedes after an operations manager mistook her explanations as an attempt to excuse her behaviour or shift the blame.

Ventia seeks arbitration after 15 months of talks

The FWC has reserved its decision on the first contested intractable bargaining case to be heard by a single member, after service provider Ventia told the tribunal it should find negotiations for outsourced Defence aviation firefighting operations in Queensland have reached an impasse after 15 months of talks and more than 18 months of industrial action.