A cleaning company that shamelessly exploited a vulnerable workforce made "inept attempts” to avoid the legal consequences when it claimed its employees were independent contractors, the Federal Court has found.
"Redundant" safety advisor wins extension of time; Casual whose name was dropped from list loses appeal; Poor advice from national embassy wins 457 employee claim extension.
An employee who lodged a general protections claim only minutes after making a complaint to the Australian Human Rights Commission has had her claim knocked back by the FWC because of provisions banning "double dipping".
The Fair Work Ombudsman has warned accessorial liability for workplace breaches is now being extended beyond employers and company directors to those working in human resources, management and recruitment.
A contractor "knowingly involved" in underpaying vulnerable supermarket trolley collectors and a subcontractor who "deliberately" produced false payment records and underpaid employees have been fined more than $90,000 by the Federal Court.
A project delivery and maintenance contractor took adverse action against a former union official when it refused to employ him at a major project site because of his background as a unionist and concerns over his former "adversarial" views on the project, the Federal Court has found.
The High Court has refused to grant the CFMEU special leave to appeal a finding that Anglo Coal did not take adverse action when it sacked a mining union delegate who took sick leave after being denied permission to take annual leave.
The Federal Court has cast doubt on whether there is a basis for ordering a company to pay penalties or compensation for adverse action against a worker, because it never acted on a recommendation to dismiss him for making a harassment claim that allegedly had shaky foundations.
