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Court rebuffs ABCC take on CFMMEU "corrective measures"

The Federal Court has rejected the ABCC's "cynical" view of CFMMEU-commissioned entry rights training for an inexperienced organiser who pushed over a Fulton Hogan manager when pressing to access parts of a Monash Freeway project site in 2017.

HR failed to flag obligations to injured worker: FWC

The FWC has awarded compensation to a sacked childcare worker after noting the "disturbing" failure of a company's HR department to inform the chief executive of protections for employees forced to take time off due to illness or injury.

Employer's inaction can provide basis for adverse action: Court

A court has struck out pleadings by an ASX-listed investment company's portfolio manager that his employer's "privileged" conduct in an FWC conciliation conference breached adverse action provisions, while confirming inaction can also fall foul of them.

I wouldn't be facing sack if female: Manager

A Viva Energy manager who claims a female colleague sexually harassed him after he took her back to his hotel room while she was intoxicated is accusing his employer of discriminating against him, as it would not consider sacking him if he was a woman.

Court heads off CFMMEU's subterranean turf bid

The CFMMEU has failed in an interlocutory court bid to enter tunnelling sites at Brisbane's $5 billion Cross River Rail Project, in the midst of a demarcation dispute with the AWU.

Pandemic savings drove outsourcing move: Qantas

Qantas, in its challenge to a crucial recent Federal Court adverse action ruling, says its sole motivation for outsourcing the jobs of about 1700 ground crew was its lawful commercial reason of saving $100 million a year during a global pandemic.

NDIA not guilty of unlawful adverse action: Court

A court has held that a senior National Disability Insurance Agency HR and safety executive who accepted a "very significant financial inducement" to retire early had not been subjected to unlawful adverse action due to his alleged protected disclosures and employment disputes, finding him the "unfortunate victim of a restructure".

FWC to re-hear case of lawyer sacked for "insubordination"

A criminal lawyer has succeeded in overturning findings that he unfairly sacked a solicitor and practice manager he accused of "insubordination" and "sabotage", a FWC bench ruling that a tribunal member was too dismissive of his explanation for missing a hearing.

Sacked after workload complaint, claims manager

In an adverse action claim accusing labour hire company Chandler Macleod and its chief executive of discrimination based on gender, age and/or s-xual orientation, the former executive GM of its contract cleaning arm alleges she was sacked for complaining about a workload issue.

FWC pulls trigger on loaded rates for hospitality industry

Hospitality industry employers have won approval to roll up overtime, penalty and split-shift rates for full-time higher-paid workers after a FWC full bench rejected union concerns that changing the award for a small cohort could leave a broader group of employees worse off.