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No obligation to pay worker who lost licence: Bench

An FWC full bench has quashed a finding that BHP Coal should have kept paying or considered alternative duties for a mineworker while his driving licence was suspended, saying it would be tantamount to requiring an employer to excuse from duties but pay workers who turned up drunk.


Low wages causing early-childhood teacher shortage: Union

On the second of 16 days of FWC hearings into an IEU equal pay claim for early childhood teachers, the union is blaming low wages for a skill shortage in the overwhelmingly female-dominated sector, while the ACTU says the case will test whether the Fair Work Act's equal pay principle can deliver.

Conspiracy theorist subjected to "assumed disability" bias

In a rare "assumed disability" discrimination case that has exposed legislative shortcomings, a tribunal has awarded $20,000 to a public servant forced to take sick leave over concerns about her enthusiasm for conspiracy theories.

Bench applies brake to bike mechanic's sacking

In a decision confirming that employers must "expressly" advise workers when their job is at risk and provide them enough time to demonstrate improvement, an FWC full bench has quashed a finding that a bike shop complied with the Small Business Unfair Dismissal Code when sacking one of its mechanics.

Bench sheds more light on "shadow" lawyers

In a ruling that builds on the recent "shadow lawyers" decision, an FWC full bench has found that a large company with in-house IR legal expertise does not require approval to engage a law firm to prepare its defence of a self-represented worker's dismissal claim.

ROC responds to apparent whistleblower tip-off

The Registered Organisations Commission is seeking information from the HSU's Victorian No 1 branch, in response to what is alleged to be a protected disclosure from a whistleblower.

Money-change business switched awards to cut penalties: FSU

The FSU has asked the Federal Court to rule that a global currency exchange company is covered by the banking, finance and insurance award, claiming it shifted to the retail award after the recent reduction in penalty rates.

Lawyers under supervision are employees, tribunal rules

A WA law firm will have to defend a restricted legal practitioner's underpayment and unfair dismissal claims after it failed to convince the state's IRC that he was an independent contractor, with the tribunal finding that only common law employees can be engaged in such roles.

FWC upholds dismissal of HR manager

An HR manager who engaged in a "concerted campaign" against her employer's interests, openly compiling a dossier about it and exceeding her authority by initiating a colleague's redundancy, has failed to win back her job.