In a significant ruling on academic free speech, a university lecturer has been given a second chance to challenge his sacking for superimposing a swastika on an Israeli flag after a full Federal Court found insufficient weight had been attached to an agreement's 'intellectual freedom' clause.
The Federal Court has for the second time this month found that government-owned Airservices Australia failed to meet agreement obligations to consult over changes affecting air traffic controllers, despite its "valiant" attempt to distinguish between 'policies' and 'procedures'.
In an expensive case for Queensland Police that is said to affirm the rights of entry permit holders federally, the State's Court of Appeal has quashed a finding that a group of union officials trespassed by refusing to leave when an employer denied them entry.
The FWC has refused to renew the entry permit of a CFMMEU construction division organiser it previously directed to undertake "emotional management" training, finding his role in an unlawful 2018 strike showed promises to reform when elected WA branch president did not play out.
A full Federal Court has today found private employment advisor Employsure, via a targeted Google Ads campaign, falsely represented that it was, or was affiliated with, a government agency.
An appeal court has found that international IT company Infosys had no obligation to pay long service leave to employees who claimed the entitlement after they worked for it in Australia for less than three years but up to a decade in India and elsewhere, finding they didn't meet the "continuous service" threshold under State legislation.
A court has accepted that it should impose a reduced underpayment penalty on an employer and its director because last year's extended coronavirus lockdown in Melbourne significantly reduced the size and financial resources of the business.
A Federal Court judge has set a limit on the construction watchdog's use of anti-picketing laws to bring unions to heel, observing that "while picketing involves obstruction, not every obstruction is a picket".
Apologies and claims that he conducted himself "out of character" have not spared a union official having his entry permit suspended over a confrontation in which he told a site foreman he did "give a f--k" what happened because he was near the end of his career.
IR academics say the High Court's "revolutionary" approach in Rossato signals an intention to rewrite the rules for determining employment status, with potentially dire consequences for gig workers and others seeking to challenge their characterisation.
