The Federal Court has cast doubt on whether there is a basis for ordering a company to pay penalties or compensation for adverse action against a worker, because it never acted on a recommendation to dismiss him for making a harassment claim that allegedly had shaky foundations.
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.
A workplace ban on employees accessing leave to participate in a union-led rally on Monday has been overturned, on an interlocutory basis, by the Federal Circuit Court, after it accepted the ETU's argument that the move breached workers' general protections.
The Federal Court has temporarily reinstated a CFMEU delegate to his position at Anglo Coal's Dawson mine in Central Queensland pending the hearing of his adverse action claim, and warned the company that it will need to provide him with his usual work to comply with its order.
In fining a Catholic priest more than $10,000 for dismissing an aged care nurse in breach of the Fair Work Act's general protections provisions, a court has suggested that different penalties for individuals and corporations might sometimes lead to unfair results.
In dismissing corporate director Kate Shea's general protections case against EnergyAustralia, the Federal Court has ruled that employment complaints must be based on genuinely-held grievances and not made for an ulterior purpose if they are to form the basis of a workplace right.
In a rare instance of a court imposing the maximum penalty under the Fair Work Act, the CFMEU mining and energy division has been fined $33,000 for unlawfully implementing its overtime policy at BHP Coal's Peak Downs mine.