The Federal Court has ordered a case be retried after finding the chair and temporary chief executive of a large charity were not afforded a chance to properly challenge a ruling that they conspired to oust a problematic finance team member caught up in divisive internal politics.
In a rare Federal Court ruling on reasonable additional hours, a large employer faces penalties for numerous Fair Work Act and award breaches after being found to have employed a recently-arrived "third-world" migrant on a 50-hour week in which shifts began at 2am.
Sydney Water has failed to quash a FWC finding that clears the way for a former employee whose image was used in a suggestive OHS poster to pursue more than $1 million in damages on the basis its botched response forced her to resign.
The TWU has vowed to fight for a substantial compensation package for almost 2000 former ground handlers and Qantas says it will appeal after a full court upheld a finding it took adverse action by outsourcing their roles, but refused to order reinstatement.
Qantas has failed to overturn a Federal Court adverse action finding over its shunning of a TWU in-house bid when the airline decided to outsource the work of 2000 ground-handlers.
"Diffuse" employment-related decision-making processes in sprawling corporations pose a particular challenge for those trying to establish they have been dismissed for prohibited reasons, according to a federal court judge.
A school counsellor sacked for failing to comply with COVID-19 mandates claims her principal emailed an IEU official to lament that she had sought direction from a "red" union instead of following his "excellent" advice.
A court has thrown out an adverse action case pursued by an Aldi truck driver sacked for refusing a psychological assessment, noting he might have been better off making an unfair dismissal claim.
A manager dismissed in an "elaborate and sophisticated scheme" after he made a complaint has won almost $100,000 in damages and penalties for his "non-paragon" employer's unlawful adverse action.