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Diabetes sufferer wins temporary job reprieve

The Federal Court has found the balance of convenience favours reinstating a warehouse officer to his position at Peabody Energy's North Goonyella coal mine, pending the hearing of his union's claim that the company took adverse action when it dismissed him because of his Type 1 diabetes.

Workers had good reason to refuse additional overtime: FWC

Australia Post acted harshly in disciplining two employees who had solid OHS reasons for refusing to work additional overtime, but was entitled to transfer their union delegate for his aggressive reaction to the sanctions, the Fair Work Commission has found.

Adverse action penalty potentially five times lower due to employer status

In fining a Catholic priest more than $10,000 for dismissing an aged care nurse in breach of the Fair Work Act's general protections provisions, a court has suggested that different penalties for individuals and corporations might sometimes lead to unfair results.

Modern awards remedied unequal wages: ACCI

ACCI says the new safety net established by modern awards in 2010 cured any gender-based pay inequities, in a submission to the Fair Work Commission full bench that is hearing a bid by three unions to win equal remuneration for child care workers.

Marijuana smoker wins job back despite zero tolerance policy

Zero-tolerance drug and alcohol policies are back in the spotlight following the FWC's decision to reinstate a ship's master who crashed his ferry into a Sydney Harbour wharf 16 hours after smoking marijuana at home to relieve shoulder pain.

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.

ACCC secondary boycott prosecutions in the spotlight

FWBC advisory board chair John Lloyd says he is "surprised" the ACCC does not have enough evidence to launch a prosecution against the CFMEU for taking secondary boycott action against concrete supplier Boral.

FWC carpets advocate over "prevarication"

The Fair Work Commission has criticised an employer representative who filed a draft enterprise agreement for approval without sufficient evidence that it had been seen or approved by employees, saying her explanations about the deficiencies "could at best be described as prevarication".

Secondment arrangement akin to labour hire: Bench

A Flinders University analyst who argued that she was dismissed to avoid an investigation of her workplace bullying allegations has failed to convince a Fair Work Commission full bench she should be able to appeal the rejection of her unfair dismissal claim.

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.