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No adverse action where ignorant of rights exercised: Court

An employer has established it could not have taken unlawful adverse action after admitting it might not have sacked a geotechnician for poor attendance a day after she took personal leave if it knew of her illness.

FWC roasts "O'Brien way" of running business

A family-run venue management and catering business with thousands of workers and an "unsophisticated" and "impotent" HR function constructively dismissed its manager at a major stadium after issuing her two "entirely unsatisfactory" warnings for conduct that included requesting free tickets to a Geelong v Richmond AFL game.

Employment relationship not broken by resignation: FWC

A five-day hiatus between resigning from a fixed-term position and re-starting the same job on a casual basis did not break the minimum employment period necessary for a worker to challenge her dismissal, the FWC has found.

McKinsey worker sacked after four weeks claims adverse action

A digital specialist is seeking reinstatement at McKinsey & Company and asserting her right to keep a $30,000 sign-on bonus in an adverse action case claiming her mental illness and legal action against a previous employer prompted it to sack her after less than a month.


Judge resigns after sexual harassment finding

A Federal Circuit Court judge has resigned after an investigation substantiated allegations that he engaged in "sexualised" conduct towards two women - a court employee and a law student - while the court has revamped its judicial complaints system and engaged an eminent Harvard academic to train judicial officers and staff.

Ex-chief seeking $1M payout after corruption charges dropped

A former Orix chief executive allegedly sacked without notice while facing corruption charges that were later dropped is now suing the company for more than $1 million in accrued entitlements he claims to be owed plus penalties.

Drink-driving unrelated to rail operator's job, FWC rules

In an important out-of-hours conduct ruling, the FWC has reinstated a veteran train driver sacked after he told his employer that he faced possible imprisonment for blowing four times over the blood alcohol limit when police breath-tested him on the road.

FWC rejects driver's breathalyser-fail explanation

The FWC has upheld a Qube subsidiary's sacking of a truck driver who blamed a positive blood alcohol reading on sucking on three-quarters of a 10-pack of Anticol cough lozenges to counter a dry throat.

Change award to curb "excessive litigation": Bench

An FWC full bench, in overturning a finding that the engineers, scientists and IT professionals award does not apply to an LNG consultant, has suggested reviewing its coverage provisions after "excessive litigation" to establish whether it covers unfair dismissal applicants.