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 FWC has cleared the way for a worker accused of "disruptive menace" and assaulting the chief executive to pursue a general protections claim against his former employer, holding it could not delegate to police the task of telling him he had been sacked.
The FWC has upheld the sacking of a risk and compliance manager who refused to meet a vaccination deadline, dismissing her request for a risk assessment as irrelevant in the context of approved COVID-19 vaccines and public health orders.
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.
The FWC has warned that employers cannot delegate their responsibility to properly explain proposed agreements, after a bookstore claimed it relied on RAFFWU and another representative to do so due to "heightened aggression" during bargaining.