Damages and compensation page 54 of 54

540 articles are classified in All Articles > Legal > Damages and compensation



FWBC launches third prosecution at Perth hospital project

The FWBC has lodged new Federal Court action alleging coercion by the CFMEU's WA construction branch and officials at the $1.2 billion New Children's Hospital project in Perth last year, its third prosecution relating to the site.

Stigma of dismissal no basis for specific performance order

The Federal Court has refused to reinstate a sales consultant pending the hearing of his wrongful dismissal claim, finding that his relationship with his former employer had broken down and that damages would be an adequate remedy if he ended up winning his case.

Bankrupts can seek full range of dismissal remedies: Bench

Undischarged bankrupts will be able to pursue the full range of unfair dismissal remedies under the Fair Work Act as long as they have been declared insolvent before lodging their claims, a Fair Work Commission full bench confirmed yesterday in a ruling that resolves conflicting single-member decisions on the issue.

Six month restraint clause reasonable, court rules

An executive must pay his former employer more than half a million dollars for fiduciary and contractual breaches, after the NSW Supreme Court upheld the reasonableness of a contract clause restraining him from working for another advertising agency for six months anywhere in Australia after his employment ended.

Court rules employer disciplinary breach not "trivial", awards compensation

The Federal Court has awarded a nursing assistant $15,500 for her employer's failure to follow the three-strike disciplinary procedure in its enterprise agreement, but rejected her claims that it breached an implied term of trust and confidence in her employment contract.

MUA's defamation of ship's master costs it $90,000

In a case demonstrating the risks for unions and others in linking to newspaper articles on their websites, a ship's master has won $90,000 in damages from the MUA after a court found that it defamed him when it said he had placed his crew in danger.

Appeal court upholds $1.6m payout to sales director

A finance company has failed to overturn an order to pay $1.6m in damages to a sales director it initially dismissed on notice and then purported to summarily sack for allegedly sexually harassing a subordinate.

Director partly successful in AWA accessory appeal

In another chapter of a long-running case involving a botched attempt to lodge AWAs, a former company director will have the penalty for her role in short-changing 33 call centre workers reduced after the Federal Court cut in half the period in which she was liable as an accessory to her company's breaches.

Court bans CFMEU's McDonald from Brookfield Multiplex sites

The Federal Court has issued a sweeping injunction to stop CFMEU construction and general division WA branch assistant secretary Joe McDonald from entering Brookfield Multiplex construction sites for nearly three years and ordered the union to pay the company $500,000 in compensation for strikes he incited at two major projects last year.