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Underpayment claim shouldn't stop reinstatement, but appeal fails

A FWC full bench has ruled that in assessing whether reinstatement is appropriate in an unfair dismissal case, the tribunal should not take into account any ill-will arising from continuing legal proceedings between an employee and an employer.

Going to the media not protected under Fair Work Act, court rules

In an important ruling on the definition of industrial action, the Federal Court has held that the provision of sensitive information to the media by employees is not "protected" under the Fair Work Act and might leave them vulnerable to breach of contract and coercion claims.


High Court "scab" ruling not the end: Stewart

Another High Court case on the Fair Work Act's protections for employees engaged in union activity might not be far away, according to a leading IR academic, after the CFMEU's appeal against the Federal Court's BHP Coal "scab-sign" ruling was this morning rejected by a 3-2 majority.


Creighton laments unnecessary IR law changes

RMIT honorary professor and long-serving IR academic Breen Creighton says Australian labour law legislation has been characterised by knee-jerk responses to non-existent problems, a lack of willingness to allow existing laws to deal with issues, and "political opportunism", which explains why the major statute had been amended five times a year on average since 2009.

High Court clears BHP Coal over "scab" sign

A High Court majority has dismissed the CFMEU's appeal against the Federal Court's decision that BHP Coal did not take adverse action when it dismissed a union delegate when he waved an "anti-scab" sign on a union picket.

Don't bet on same result in TAB dismissal cases

Two council workers who were sacked after visiting the same TAB during working hours have met markedly different fates, with one winning his job back and the other losing his unfair dismissal case.