Stevedoring giant DP World was entitled to summarily dismiss an MUA delegate who called a colleague a "f--king lagger" and instructed another worker to lie in a related investigation, and the sacking did not amount to adverse action, the Federal Court has ruled today.
A property advisor tacitly accepted a revised employment contract that denied her any entitlement to lucrative post-termination commission payments, the Federal Circuit Court has ruled.
Full bench in test case on casual qualifying period; Cooling-off for unfair dismissal settlement recognised; No extension of time for employee who evaded retrenchment notice.
A Fair Work Commission member denied an employer procedural fairness when he allowed a self-represented unfair dismissal applicant to escape cross examination by giving unsworn evidence from the bar table, a full bench has ruled.
The FWC has again refused to suppress the names of an employer and workers facing allegations of bullying, finding that the principle of open justice meant it shouldn't make confidentiality orders.
A confectionery company's direction to its production workers to shift their jobs 34km across Sydney's southern suburbs breached their rights under their enterprise agreements and employment contracts, a FWC full bench has ruled today.
There is nothing inherently wrong with a "start up" business making with a small group of workers an enterprise agreement that will later cover a much larger number and a wider range of jobs, but it will need to pass the "better off overall test" for those future employees as well as the existing ones, a FWC full bench has confirmed.
The Federal Circuit Court has drawn a link between s-xual assault laws and the Fair Work Act's sham contracting prohibitions in finding that a floor repairing business was not "reckless" as to whether five of its independent contractors were actually employees.
The NSW Supreme Court has ruled that the ANZ Bank did not need to prove that an executive leaked a doctored email to the media before sacking him without notice, only that it had formed the "opinion" that he had.
The Fair Work Commission has warned the Dapto Leagues Club it might encounter difficulties enforcing its new policy against employee lip piercings or visible body art, noting the irony of its approach given "a majority of professional footballers" are "covered in tattoos".
