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Duty of care didn't include foreseeing attack: FWC

The FWC has rejected a dismissed employee's contention that a company's duty of care extended to anticipating that he would act in a violent and threatening manner towards a co-worker.


Judge denied employer body procedural fairness: Court

An employer body's former sales manager has been ordered to repay disputed commissions after the Federal Court found five examples of a judge denying the organisation procedural fairness in the original small claims hearing.

BHP drawn into big Australian class action

Two landmark class actions allege that a BHP Billiton subsidiary induced two labour hire companies to unlawfully engage hundreds of coal mineworkers as casuals and pay them less than the industry award.

Lewd Instagram post to young nurse warranted sacking

A major private hospital justifiably dismissed a 47-year-old employee for sending an Instagram post "of a s-xual nature" to a young graduate nurse he barely knew, the FWC has found.


"Blurred" worker-employer relationship sinks anti-bullying order

A sales manager has lost her bid for an anti-bullying order after the FWC found blurred employee/friend lines helped explain a managing director's otherwise inappropriate comments about her boyfriend and supposed "Barbie doll" appearance.

BOOT will continue to protect every worker's interest: Bench

In a significant rebuff to employer attempts to accelerate agreement approval processes, a five-member FWC full bench as part of its "loaded rates" ruling has affirmed the requirement to apply the BOOT to each and every covered employee.

Bench rejects small company's broad-coverage agreement

A five-member FWC full bench has quashed the approval of a small construction company's enterprise agreement, after CFMMEU modelling suggested it left workers up to $575 a week worse off than the award, but the Commission has cited the types of undertakings that might get it across the line.

Self-represented CEO highlights futility of own case

The pitfalls of self-representation have been highlighted by an FWC full bench that found it would be "futile" to hear a former chief executive's anti-bullying case because his notice of appeal "expressly" indicated he was seeking an unnecessary order.