Damages and compensation page 44 of 54

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High Court reserves decision on bargaining breaches

The High Court has reserved its decision on parallel appeals by Esso and the AWU questioning what constitutes a breach of bargaining orders and whether a breach during bargaining means future protected action is not possible.




Lack of HR expertise crucial in restaurant dismissal case

A retiree who took exception to being asked to stay away from the small business he continued to oversee must pay compensation to a manager summarily dismissed for showing disrespect and allegedly whistling while he worked, the FWC has found.

Ambassador's bodyguard employed on sham contract, union alleges

A security company must provide United Voice with internal correspondence about its practice of engaging contractors and employees, as the union pursues it for allegedly employing two embassy guards on sham contracts and sacking them when they refused to waive legal rights.


Million-dollar Hardie damages award raises stakes for asbestos victims

Former asbestos producer James Hardie has been ordered to pay exemplary damages for the first time in Australia, a South Australian District Court ruling the company was driven by a "thirst for profit" when it continued to sell asbestos products despite knowing they could kill.

Come back with a lawyer, says Federal Court

The Federal Court has refused an application by a company to be represented by its operations manager rather than a lawyer, ruling that the manager lacked "the necessary degree of objectivity and skill" required to conduct the case.

BHP to pay worker $25,000 after "rushed" sacking

A BHP Coal employee with a "cavalier" attitude towards workplace dangers has been awarded more than $25,000 in compensation after being "effectively frozen out" out of a flawed investigation into an alleged safety breach.