A Myer sales manager who did not disclose an anxiety condition to his employer or make any plan to seek workers compensation has failed to argue that these were the real reasons for his dismissal, rather than concerns with his performance.
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.
The FWBC has included CFMEU construction and general division national secretary Dave Noonan in its fourth prosecution over the $1.2 billion Perth Children's Hospital project.
The Federal Court has temporarily reinstated a CFMEU delegate to his position at Anglo Coal's Dawson mine in Central Queensland pending the hearing of his adverse action claim, and warned the company that it will need to provide him with his usual work to comply with its order.
The need for employers to consider the individual circumstances of employees taking industrial action before they institute disciplinary action has been demonstrated in a FWC finding that a company unfairly dismissed a crane driver who belatedly joined an unlawful stop-work meeting.
The Federal Court has ruled that the Fair Work Act's general protections provisions cover a wide range of employment complaints, but said they were not the reason for a client services manager's sacking.
The Federal Court has rejected mining giant Rio Tinto's bid to have a CFMEU adverse action claim struck out, holding the Fair Work Act does not authorise "discriminatory" payments.
The Federal Court has ruled that the MUA took adverse action against five port workers when it distributed a poster calling them scabs for refusing to take part in a protected strike, finding its contents were worse than defamatory and invited the conclusion that they were "devoid of human dignity".
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.
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.
