A court has accepted that a transport company made an ill employee's position redundant as part of a genuine restructure, but found it took unlawful adverse action when it detrimentally altered her position because of her mental condition.
The AMWU has fought off another challenge to its representation of workers at a high-tech respiratory equipment manufacturer, after the Federal Court upheld the Fair Work Commission's power to issue a majority support determination.
The NSW Court of Appeal has unanimously found that terms of mutual trust and confidence or good faith were not implied into two teachers' probationary employment contracts.
A senior public servant has lost his challenge to a Fair Work Commission finding that his department was performance-managing rather than bullying him.
A senior FWC member has found that "extraordinary" circumstances justified the tribunal accepting a sacked employee's late unfair dismissal claim, while urging the employer to settle to avoid "further criticism and embarrassment for its conduct" and panning its law firm's role in the case.
A union organiser has failed to convince a court that a HSU branch sacked her because she had failed to join a preferred Labor Party faction or because of presumption that she was a lesbian or bis-xual.
Coles Supermarkets is a step closer to putting to ballot a single retail deal covering 80,000 workers, after the Fair Work Commission comprehensively rejected a TWU scope order application for online delivery drivers, finding they were an "integrated and integral part" of the company's retail operations.
A modern award is set to be stripped of a discriminatory clause that has prevented 13 older employees accessing between 40 and 60 weeks redundancy pay over the past 18 months.
Australia could consider adopting a Kiwi-style statutory good faith obligation after the High Court's finding that there is no implied duty of mutual trust and confidence in employment contracts, according to a senior law academic.
An FWC full bench has emphasised that the tribunal should take a "global" rather than "line by line" approach when applying the better off overall test to agreements, while in another ruling the Commission has approved a deal with employer undertakings, despite union misgivings that it was originally voted up by only three employees who have since left the company.