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Employer fails in bid for security of costs order

The FWC has rejected a multinational's application for security for costs, but has granted legal representation because of an intervention order that precludes interaction between the employee and the employer's most senior manager in Australia


Employers not expected to take neutral approach: Bench

An FWC full bench has quashed a finding that BHP Coal unfairly dismissed an employee due to shortcomings in procedural fairness, after finding it reasonable for the company to have "leanings or inclinations" on sanctions to apply when its investigation indicated the worker had engaged in serious misconduct.

Defecating courier unfairly dumped by employer: FWC

An employer had a valid reason to sack a long-serving courier who had "no choice" but to defecate in a client's carpark while on the job, but his dismissal without notice was unfair, the Fair Work Commission has found.

Unfair dismissal round-up: Morning sickness justifies extending time; and more

Morning sickness justifies extending time; Legal representation granted in drug test dismissal case; Constructive dismissal by phone justified after vehicle log book failure; Refusal to accept a large settlement not unreasonable, says FWC; and "Informal chat" insufficient consultation for horse trainer redundancy.

Court sparks storm in a DD-cup with breast reduction ruling

The Federal Court has ordered a tribunal to re-hear a worker's bid for reimbursement of $20,000 for breast reduction surgery she claimed was necessary to relieve back and neck injuries she sustained in the workplace.

FWC upholds sacking of worker after 20-beer binge

A welder's claims that he was "fine" after bingeing on 20 cans of full-strength beer over 12 hours on Australia Day before facing a random breath test at work has failed to impress FWC member Danny Cloghan, who says it "would be greeted with that very Australian saying relating to animal manure".

CFMEU to pay up to $9m to settle Boral action

The CFMEU construction and general division Victorian branch will pay up to $9 million in damages and costs to Boral and has given an undertaking that it won't renew its blackban on the company's concrete supplies, under a settlement deal announced today.

Executive wins $3.7 million for breach of employment contract

The Federal Court has awarded a former executive of an ASX-listed mining company more than $3.7 million after his employer breached his employment contract by failing to correctly pay his salary, superannuation, and leave entitlements – and his membership of the Union, University and Schools Club.

Federal Court confirms limits on motel sex case

In an important decision concerning injuries sustained by an employee while working, the Federal Court has rejected an employer's push to expand the application of the High Court's infamous "motel sex" decision.