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CSL immune to misleading conduct, adverse action claims

An operations director who claimed a biotech giant offered her a job "until retirement" has failed to establish that it engaged in misleading and deceptive conduct or that it took adverse action by retrenching her the following year.

Result awaited as union merger ballot closes

The ballots of MUA and TCFU members to determine whether they support amalgamation with the CFMEU closed today with a high turnout for an internal union vote.

Sacked anaesthetist seeks to resuscitate her job

A specialist anaesthetist is pursuing a public health service for reinstatement and damages, claiming her summary dismissal breached adverse action provisions, the enterprise agreement and her employment contract, costing her $40,000 a month in lost remuneration.

Sharing explicit images breached Coles' conduct rules: FWC

The FWC has found a Coles Supermarkets baker who texted explicit images to a manager who responded "great d--k pic" did not sexually harass him as he appeared to initially take them as "a joke", but the tribunal has upheld his dismissal as his behaviour breached the retailer's code of conduct.


Union awaits ruling on challenge to record fine

The NSW Court of Appeal has reserved judgment on the PSA's challenge to a record $84,000 fine for contravening court orders and pressing ahead with a Valentine's Day strike in protest at the State Government's plans to privatise disability support work.

Auspost subsidiary denied legal representation in FWC

In an indication of the harder line the FWC is taking on allowing lawyers to appear, it has rejected a bid for representation by a large well-resourced employer with thousands of employees that claimed its in-house IR and HR personnel lacked sufficient advocacy experience to defend an unfair dismissal case.

Delegate's GPS-masking foiled by phone records

The FWC has upheld the sacking of a senior ETU delegate who objected to his employer's introduction of GPS tracking, finding he deliberately wrapped his device in a Twisties bag to conceal his whereabouts and falsified service records when absent from work.

Bench applies virtual reality to award's boundaries

The concept of the "farm gate" is virtual rather than physical in the horticultural sector, an FWC full bench has found in a coverage decision it backdated by eight years to ensure employers are not exposed to backpay claims.