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Judge scathing of barrister in adverse action case

A Federal Circuit Court judge has slammed a barrister who said she was too "busy" to file written submissions in an adverse action case, criticising her conduct as "contemptuous" of his orders and "discourteous" to the court. He also said her involvement in another case might require investigation by "relevant authorities".

Reasonable notice payout lifts employee's damages over $1m

A financial controller sacked by a global shipping company will recover more than $1m after a court ruled she was entitled to ten months' notice of termination of her employment and long service leave based on her full salary package.

Dismissal by "mutual agreement" still a dismissal: Court

A court has found that a worker who was asked to look for alternative employment due to his heart condition was dismissed, rejecting his employer's argument that his job ended by "mutual agreement".



BHP Coal wins costs but few friends

The Fair Work Commission has suggested BHP Coal was "kicking a man when he is down" and acting without a "sense of Christian charity" in seeking legal costs from a former employee who unsuccessfully claimed unfair dismissal.


Grocon contempt case no reason to delay FWBC coercion charge: Court

The Federal Court has refused to delay the Fair Work Building Industry Inspectorate's unlawful coercion case against the CFMEU over the 2012 Grocon blockade, finding that the company's contempt charges against the union in the Victorian Supreme Court are not criminal proceedings.

Meatworks relies on sham contracting ruling to dodge damages

In an unusual postscript to a notorious sham contracting case, an abattoir operator has relied on a Federal Court ruling that it had vigorously opposed to successfully argue that it was the employer of an injured worker, thus avoiding having to pay him more than $150,000 in common law damages.

Federal Court rejects Australia Post's p--n ruling challenge

Two Australia Post employees sacked for circulating p--nography in the workplace will keep their jobs after a full Federal Court ruled this morning that a FWC full bench made no errors in its decision to grant them leave to appeal a decision that upheld their dismissals.