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Bank not in deal breach despite IT worker's cloud-based fears

An IT specialist with a major bank has failed to persuade the FWC that deployment to a new cloud-first role represented an agreement breach because it placed unreasonable demands on his fading capacity to learn.

Tech giant can't retrospectively cap sales commissions: Court

Hewlett Packard must pay an overperforming sales executive more than $370,000 to honour a decade-old unpaid bonus, after the technology giant failed to establish that it can retrospectively cap commissions if employees substantially exceed targets.

R&R counts towards minimum employment period: FWC

A casual FIFO worker has been cleared to pursue an unfair dismissal claim despite the employer arguing that half of his seven months with them was taken up with unpaid R&R.


Late unfair dismissal applicant "honoured" her dying mother: FWC

A worker dismissed two days before flying overseas only to discover on arrival that her mother was dying of cancer has had her late unfair dismissal application accepted, the FWC finding it would have been "shockingly callous" to require detailed medical records sought by her former employer.

Accountants allege employer's unethical behaviour voided contracts

A court has cleared the way for two accountants fighting a restraint of trade case to argue that their contracts were void if their employer breached implied terms requiring it to act lawfully and in accordance with the industry's code of ethics.

Australia Post made "extraordinary" gardening leave decision: Court

Australia Post is facing a damages bill for breaching the contract of a national worker's compensation manager who accused it of caving in to union demands to remove him, after failing to establish that it offered him an equivalent position after a period of gardening leave.

Regular work, not hours, the key to casual status: Bench

An FWC full bench has allowed a casual worker to claim unfair dismissal after finding a senior tribunal member wrongly focussed on her irregular "pattern" of days and hours in holding she had not met the minimum employment period.

Porter sets out "guiding principles" for national labour hire scheme

Fining host employers for hiring workers from unregistered operators is among a list of "guiding principles" IR Minister Christian Porter has put before state and territory counterparts as part of a proposed single national labour hire regulatory scheme to be overseen by the Fair Work Ombudsman.

FWC rejects reinstated worker's second bid for costs

In a decision closely examining the FWC's power to award costs, a reinstated worker who was the beneficiary of an earlier ruling has on rehearing failed to persuade the Commission that her employer either unreasonably defended the unfairness of its actions or ignored its poor prospects of success.