Sexually explicit text messages between two colleagues in a relationship were found to be inadmissible in an adverse action case because it couldn't be concluded that the "author would be likely to replicate in the workplace the content, tone or subject of text messages which were indisputably intended to remain private".
An employee suspended for refusing to work from home while his bullying allegations were investigated has failed in his bid to rely on state whistleblower legislation to secure injunctions against further disciplinary action, including his sacking.
The Federal Court has ruled that a betting agency employee's ability to seek legal advice about unpaid commissions was a "workplace right" and that when she threatened to exercise it, her employer took adverse action against her by threatening to sack her.
FWC rules it has no jurisdiction to hear stand-down case; Linfox's 11th-hour offer avoids finding that alternative jobs not suitable; FWC delivers on pizza chain's transfer of business; and Full bench overturns changes to modern health award.
The Federal Circuit Court has found a rail company took unlawful adverse action when it dismissed a locomotive driver who became sick and anxious and couldn't go through with a competency assessment six weeks after he was involved in a crash.
In a decision that has the potential to expand the number of general protections cases, a Fair Work Commission full bench headed by the president has ruled that the tribunal has no power to dismiss an application on jurisdictional grounds and must hold a conference once a claim has been lodged.
A Chinese company that brought 24 workers to Australia to dismantle machinery and paid them just a portion of their total wage during the four-plus months they were here – with the balance then delivered on their return to China – has been fined $14,850.
A Fair Work Commission full bench has rejected – by a two to one majority – a raft of claims to vary annual leave provisions in modern awards as part of the two-year transitional review, finding that many of them would more appropriately be dealt with in the broader review next year.
In a split decision, a NSW IRC full bench has upheld an appeal against orders preventing the dismissal of three corrections officers, after finding that Deputy President Rod Harrison had incorrectly based his decision on whether the officers were guilty of serious misconduct.
