The NSW IRC has upheld the sacking of a prison officer who assaulted a colleague outside work, observing that the victim's evidence should not be "impugned" just because she remained in an abusive relationship.
Casino Canberra has failed to knock out orders to pay damages for discriminating against a union delegate who spoke to media or legal costs after a tribunal found its in-house lawyer had trouble separating his roles as its legal representative and sole witness.
The High Court has today unanimously found that a lawyer diagnosed with PTSD and depression after working in the Victorian public prosecutor's unit that handles s-xual offences, including those involving children, would have cooperated with steps by her employer to shift her to another area of its operations.
The High Court has today unanimously ruled that judges can take into account the CFMMEU's history of contraventions when assessing fines for breaches of industrial laws, clearing the way for the ABCC to seek maximum penalties for relatively minor infractions.
A full Federal Court has halved fines imposed on the CFMMEU and one of its officials after finding that the evidence in the ABCC's "factually confused" case failed to establish that an official pushed over a project manager during an entry dispute.
In a significant decision regarding the statutory meaning of "dismissed", a five-member FWC bench majority has ruled that an employer did not sack a worker when it shaved almost 10% off his annual pay for disciplinary reasons.
A full Federal Court has upheld findings that Qantas and Jetstar had no reasonable choice but to stand down hundreds of engineers due to coronavirus-driven events outside their control, but one member of the bench has warned that an incorrect interpretation of "stoppage of work" has been allowed to stand.
In a decision closely examining the FWC's powers to make scope orders, a full bench majority has found that an employer's failure to spell out classifications for a proposed agreement rendered the process "defective".
The Federal Court has rejected a law firm's attempt to stay payment of compensation awarded to a junior solicitor, the judge finding he is "entitled to the fruits of his victory" while the judgment is appealed.
A full Federal Court has cleared the way for a police officer injured while on duty to argue the NSW police commissioner acted in a discriminatory manner in demoting then medically discharging him.