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Workers who breached safety rules get jobs back

Two mineworkers sacked for breaching "lifesaving" rules at a mine owned and operated by BHP Coal have been reinstated after the Fair Work Commission found their dismissals disproportionate and inconsistent.

FWC probes link between enterprise bargaining and productivity

Almost half of federally registered enterprise agreements contain general commitments to improve productivity and a high proportion identify specific productivity measures, but their effectiveness is difficult to measure, according to a new FWC report.

No adverse action against depressed lawyer: Court

A Federal Court full bench has reversed the reinstatement of a government solicitor who had been found to have suffered adverse action when dismissed while suffering depression.

Bungled HR investigation breached contract: Full court

A shipping company breached an officer's contract of employment and failed to follow its discrimination policy when it conducted a flawed investigation into alleged bullying by her captain, a full Federal Court has ruled.

Wrongful termination claim not a priority payment in winding up

A chief financial officer who is seeking $1m in damages for wrongful dismissal from his bankrupt employer will have to compete with other ordinary creditors for the funds, after the Federal Court ruled the sum is not a "retrenchment payment" under corporations law.


Asmar returned as HSU branch leader

The secretary of the HSU's Victoria No 1 branch, Diana Asmar, has been returned with a resounding majority, but still faces scrutiny over the branch's alleged failure to follow procedures for issuing entry permits to organisers.

CFMEU to go to trial over alleged boycott next year

The Australian Competition and Consumer Commission's secondary boycott case against the CFMEU construction and general division's Victorian branch has been set down for a six-week trial in September next year.

Heavy-handed treatment not bullying: FWC

The Fair Work Commission has ruled that a childcare worker who received "heavy handed" treatment from her boss and intolerance and low-level anger from a colleague was not bullied under the Fair Work Act, but has recommended that the employer improve its performance management process.

After Barker, lawyers turn to implied duty of good faith

Employee lawyers are reframing contract of employment claims to include a duty of good faith in the wake of the High Court rejecting an implied duty of trust and confidence, but face an uphill battle to entrench the principle in Australian law, according to some senior academics.