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 property advisor tacitly accepted a revised employment contract that denied her any entitlement to lucrative post-termination commission payments, the Federal Circuit Court has ruled.
Full bench in test case on casual qualifying period; Cooling-off for unfair dismissal settlement recognised; No extension of time for employee who evaded retrenchment notice.
Employees should be completely free to choose their superannuation funds, and they should be run by trustee boards dominated by independent directors, according to the Murray financial system inquiry's report.
Mermaid Marine has won more flexibility in rostering for stevedores working at its Dampier supply base under a new enterprise agreement endorsed by MUA members.
A Fair Work Commission member denied an employer procedural fairness when he allowed a self-represented unfair dismissal applicant to escape cross examination by giving unsworn evidence from the bar table, a full bench has ruled.
FWC Vice President Adam Hatcher will head up a full bench to deal with the ACTU's wide-ranging casual and part-time employment claims, as well as proposed employer variations, after Commission president Iain Ross accepted they were "common issues" across the modern awards that the tribunal is reviewing after four years of operation.
The FWC has again refused to suppress the names of an employer and workers facing allegations of bullying, finding that the principle of open justice meant it shouldn't make confidentiality orders.
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.
