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Auto-termination clause doesn't stop worker pursuing dismissal claim

A worker purportedly hired to work on a construction project until her demobilisation "automatically" terminated her employment was entitled to make an unfair dismissal claim, because she wasn't employed to perform a "specified task", an FWC full bench has found.

No redundancy payout for Blackmores manager who abandoned job

A former international manager for listed health products company Blackmores who sought more than $140,000 in compensation has failed to prove his employer dismissed him because of redundancy or that its HR manager and others misled him by claiming he was not entitled to severance pay.

Making new mother redundant was adverse action: Court

Roy Morgan Research Ltd took adverse action against a director who sought to return to work after maternity leave when it refused her request for flexible working hours and instead brought forward her redundancy, the Federal Circuit Court has found.

Employer vicariously liable for race bias

A tribunal has warned employers that they must not only have anti-discrimination policies in place but must also ensure they are "communicated effectively", after finding an Aboriginal economic development company vicariously liable for race discrimination.


Facebook posts after sacking seal worker's fate

The NSW IRC has found that even if it had found an employee was unfairly dismissed, his Facebook posts calling his employer a "bastard" and "criminal", after the dismissal, would have ruled out reinstatement.

Summarily-dismissed GM fails to establish adverse action

A general manager sacked for going" behind the back" of his employer to allegedly block the sale of the business has failed in his adverse action claim but has won than $30,000 in damages after a court ruled his misconduct did not warrant summary dismissal.

Tribunal ruling a win for FIFO workers

An electrical contracting company on the Ichthys LNG project failed to comply with its agreement when it gave its FIFO employees notice of retrenchment immediately before a rest and recreation period, the FWC has ruled, in a decision with implications for employers of non-residential workforces.

Full court overrules FWC bench on "drink-spiked" Qantas pilot

A full Federal Court has ruled today that an FWC full bench went beyond the boundaries of the tribunal's fast-track "permission to appeal" process, when it dealt with the "substance" of a sacked Qantas pilot's challenge to his dismissal.