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Employment contrary to Migration Act invalid, FWC rules

The Fair Work Commission has ruled that Subclass 457 visa holders cannot make legally binding employment contracts with employers that are not registered to sponsor them under the Migration Act.

Conscientious objector to social media restrictions loses his job

The Fair Work Commission has emphasised that employers can insist workers comply with social media policies that regulate conduct outside the workplace, in upholding the dismissal of an employee who refused to sign an acknowledgement that he had undergone social media training.


Three out of every ten NSW public servants bullied: Report

NSW Public Service Commissioner Graeme Head is seeking to determine why 30% of NSW public sector employees report being bullied in the workplace and almost 50% say they have witnessed it, despite the implementation of a wide range of prevention and management measures.

Anti-dobbing culture meant no brake on supervisor's bullying: FWC

A Fair Work Commission full bench majority has urged DP World to address an "anti-dobbing" culture that contributed to its failure to curb a supervisor's bullying behaviour, in a decision upholding the company's dismissal of a subordinate he goaded into assaulting him.

Disciplinary action not in breach of whistleblower laws: IRC

An employee suspended for refusing to work from home while his bullying allegations were investigated has failed in his bid to rely on state whistleblower legislation to secure injunctions against further disciplinary action, including his sacking.

Sacking train driver was adverse action: Court

The Federal Circuit Court has found a rail company took unlawful adverse action when it dismissed a locomotive driver who became sick and anxious and couldn't go through with a competency assessment six weeks after he was involved in a crash.

FWC says not its job to determine jurisdiction in general protections matters

In a decision that has the potential to expand the number of general protections cases, a Fair Work Commission full bench headed by the president has ruled that the tribunal has no power to dismiss an application on jurisdictional grounds and must hold a conference once a claim has been lodged.

Appeal bench majority upholds dismissal of prison officers

In a split decision, a NSW IRC full bench has upheld an appeal against orders preventing the dismissal of three corrections officers, after finding that Deputy President Rod Harrison had incorrectly based his decision on whether the officers were guilty of serious misconduct.