An accounting firm dismissed a client manager because of serious misconduct rather than the "several and various exercises of his workplace rights" in the lead-up to his dismissal, the Federal Circuit Court has found.
The Federal Court has ordered an Xstrata subsidiary to provide the CFMEU's mining division with documents that will enable it to decide whether to include the mining company in an adverse action claim by a delegate who was sidelined after raising safety concerns.
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".