The Federal Court has criticised the Federal Circuit Court for ignoring a protocol between the two judicial bodies in its decision to transfer a sham contracting matter to it, but will hear the case to avoid a "tennis match".
A company had a valid reason for sacking its sales manager, including the post-employment discovery of pornographic images on his mobile phone, but "substantial" procedural deficiencies made the dismissal unfair, the Fair Work Commission has ruled.
A power plant operator who resigned to protect his termination entitlements after failing a workplace drug test was not constructively dismissed, the Fair Work Commission has ruled.
A FWC full bench has overturned the suspension of 12 CFMEU officials' entry permits, finding that the original sanctions were not linked to the resolution of an ongoing right of entry dispute but appeared to be punishment for past bad behaviour.
A senior member of the Fair Work Commission has knocked back an enterprise agreement containing a voluntary additional hours provision lodged by a labour hire company with a workforce of casuals on working holiday visas.
A major employer-clientele law firm is predicting that unions will become more aggressive in their pursuit of wage and job security claims this year, and that employers will respond in kind by seeking to unilaterally end bargaining negotiations and turning to regulators like the ACCC.
Hospitality and retail employers have detailed the substantial cuts they are seeking to penalty rates in the FWC's four-yearly modern award review, and say they will rely on expert evidence from a Deloitte economist to back their case.
A bank's management of an under-performing lawyer fell short of "the best human resources practice" and was not "entirely beyond criticism", but did not constitute bullying under the Fair Work Act, a senior member of the Fair Work Commission has ruled.
The dismissal of an employee for groping a bartender while staying at a hotel paid for by his employer was not unfair, the Fair Work Commission has ruled.
