Damages and compensation page 53 of 54

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BGC battle with unions ends out of court

WA-based construction company BGC Australia and the CFMEU have settled the compensation claim the company pursued after the delay to a crucial concrete pour on one of its sites during a dispute between the union and a subcontractor.

Rewarding workers with Coke and pizza belongs in dark ages: Court

Giving teenage employees free and discounted pizzas and soft drink instead of wages – a practice belonging "in the dark ages rather than twenty first century Australia" – has cost a pizza franchise operator $335,000 in fines.

Court orders public prosecutions office to reinstate lawyer

Victoria's Office of Public Prosecutions has been ordered pay a $10,000 fine and to reinstate a solicitor it subjected to unlawful adverse action when it stood him down then dismissed him for misconduct that "arose wholly" from his anxiety and depression.


FWBC launches third prosecution at Perth hospital project

The FWBC has lodged new Federal Court action alleging coercion by the CFMEU's WA construction branch and officials at the $1.2 billion New Children's Hospital project in Perth last year, its third prosecution relating to the site.

Stigma of dismissal no basis for specific performance order

The Federal Court has refused to reinstate a sales consultant pending the hearing of his wrongful dismissal claim, finding that his relationship with his former employer had broken down and that damages would be an adequate remedy if he ended up winning his case.

Bankrupts can seek full range of dismissal remedies: Bench

Undischarged bankrupts will be able to pursue the full range of unfair dismissal remedies under the Fair Work Act as long as they have been declared insolvent before lodging their claims, a Fair Work Commission full bench confirmed yesterday in a ruling that resolves conflicting single-member decisions on the issue.

Six month restraint clause reasonable, court rules

An executive must pay his former employer more than half a million dollars for fiduciary and contractual breaches, after the NSW Supreme Court upheld the reasonableness of a contract clause restraining him from working for another advertising agency for six months anywhere in Australia after his employment ended.

Court rules employer disciplinary breach not "trivial", awards compensation

The Federal Court has awarded a nursing assistant $15,500 for her employer's failure to follow the three-strike disciplinary procedure in its enterprise agreement, but rejected her claims that it breached an implied term of trust and confidence in her employment contract.

MUA's defamation of ship's master costs it $90,000

In a case demonstrating the risks for unions and others in linking to newspaper articles on their websites, a ship's master has won $90,000 in damages from the MUA after a court found that it defamed him when it said he had placed his crew in danger.