In a decision exploring legal privilege in anti-bullying cases, a FWC full bench has found an employer disingenuously misrepresented the purpose of an investigation to justify directing its operations manager to participate in a compulsory interview "at pain of dismissal".
The High Court has this morning granted the ABCC special leave to appeal a full Federal Court finding that the CFMMEU's recidivism should not be factored into penalty calculations.
The law firm behind multiple class actions alleging the misclassification of casuals says it still expects to mount a High Court challenge to the Morrison Government's retrospective legislative changes that shave potential windfalls from multi-million dollar entitlement claims.
An FWC full bench has quashed the decisions of a presidential member who refused to recuse himself before finding Regional Express executives bullied an engineer, holding he mistook legal principles and engaged in "entirely unjustified and inappropriate criticism".
A full Federal Court has today upheld a permanent stay on an openly gay solicitor's discrimination and harassment case, after he refused to undergo a psychiatric examination paid for by his firm and performed by a specialist of its choosing.
The principal of a specialist IR law firm has been ordered to indemnify the costs of a failed appeal after a court found the application "ought never to have been made" if he had heeded his statutory obligation to conduct quick and inexpensive litigation.
A FWC full bench has thrown out the appeal of a manager who failed to block the publication of a jurisdictional dismissal decision or have her name removed from it, to avoid identity theft or damage to her job prospects.
The multinational parent of Thorn Lighting has told the High Court that a full Federal Court's finding that two contracted truck drivers were employees despite nominally running their own businesses was "internally incoherent".
The CFMMEU has told the High Court that applying the multifactorial test to determine if a worker is an employee or independent contractor is a "vacuous" approach without ultimately establishing whether they are conducting their own business.
In a setback for unions fighting a mooted 1.5% pay cap for NSW public servants, the state's Court of Appeal has upheld a decision affirming a 0.3% increase in the 2020-21 financial year, in part because investing in infrastructure would be better than wages in stimulating the economy during the pandemic.
