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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.


FWC "unlikes" dismissal of teacher over Facebook posts

The FWC has refused to reinstate a dismissed teacher, because her school lost trust and confidence in her after she posted disparaging comments on Facebook about an unresolved industrial dispute.

Representative error not automatic reason to extend time: FWC

A Fair Work Commission full bench has ruled that representative error does not provide an "inviolable reason" for granting an extension of time for an unfair dismissal claim due to exceptional circumstances.