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Exclusion from Christmas cheer "not bullying": FWC

The FWC has refused to issue an interim anti-bullying order against an employer that excluded a cleaner from a workplace Christmas celebration and refused to give her leave on Australia Day, but has criticised its "poor and clumsy" handling of the worker's complaints.

High Court ruling to constrain expression of political views: Academics

Academics are warning of a "chilling effect" on the ability of public servants to express their political views, following today's High Court finding that a government department lawfully dismissed a public affairs officer over a barrage of highly-critical anonymous tweets.

APRA proposes post-Hayne finance bonus overhaul

Regulator APRA is calling for submissions on a proposed shake-up of financial institutions' pay structures that would ensure no more than half of an employee's bonus is linked to fiscal performance measures, allow "clawbacks" and make boards oversee their entire workforce's remuneration.

Reinstatement problematic after calling HR partner "despicable": FWC

A senior FWC member in upholding a Virgin Australia ground crew worker's dismissal over pilfered cigarettes has noted that "one's fate" is often sealed by attempted cover-ups rather than the actual misconduct, further observing that the former employee did himself no favours when posting on social media that the airline's HR partner was a "despicable human being".

Employer can ask claustrophobic tradie to work in enclosed spaces: FWC

A multinational "people flow" company can require a tradesperson with severe claustrophobia to transfer from an escalator repair team to an elevator repair team, the FWC has found, while cautioning that its approach to accommodating his condition would be considered if he returned with an unfair dismissal claim.

Adverse action claim targets Qantas bonus scheme

The ACTU, acting on behalf of seven aviation unions, will today file an adverse action case against Qantas for making the payment of a cash bonus of up to $2,000 contingent on securing new post-wage-freeze enterprise agreements. 

Make disciplinary process more consistent, FWC urges

In ordering the reinstatement of an "impatient" veteran crane operator sacked after his third safety breach in a year, an FWC member has examined BlueScope Steel's "proactive attitude" to discipline and recommended it negotiate a better process.

Dismissal rebounds on employer

Sacking a speeding truck driver who hit a kangaroo on a country road was disproportionate to his conduct, the FWC has held, finding he was denied a chance to explain or challenge GPS data.


Bench upholds factory hand's refusal to give finger

An academic has welcomed a significant FWC full bench finding that a worker's refusal to participate in fingerprint scanning did not justify his dismissal and warns that many employers lack awareness of their legal obligations and the potential consequences of biometric technology.