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Wrongful termination claim not a priority payment in winding up

A chief financial officer who is seeking $1m in damages for wrongful dismissal from his bankrupt employer will have to compete with other ordinary creditors for the funds, after the Federal Court ruled the sum is not a "retrenchment payment" under corporations law.


Asmar returned as HSU branch leader

The secretary of the HSU's Victoria No 1 branch, Diana Asmar, has been returned with a resounding majority, but still faces scrutiny over the branch's alleged failure to follow procedures for issuing entry permits to organisers.

CFMEU to go to trial over alleged boycott next year

The Australian Competition and Consumer Commission's secondary boycott case against the CFMEU construction and general division's Victorian branch has been set down for a six-week trial in September next year.

Heavy-handed treatment not bullying: FWC

The Fair Work Commission has ruled that a childcare worker who received "heavy handed" treatment from her boss and intolerance and low-level anger from a colleague was not bullied under the Fair Work Act, but has recommended that the employer improve its performance management process.

After Barker, lawyers turn to implied duty of good faith

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.


Docks culture laid bare in MUA delegate's failed bid to regain job

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.