The Federal Court has dismissed a stevedoring company's challenge to the interim reinstatement of a MUA delegate, despite acknowledging the company's belief that the orders undermined its authority to manage workplace bullying and harassment.
The Federal Circuit Court has held that a bus company did not take unlawful adverse action against TWU members at a NSW yard, but was not convinced that the measures the union complained of weren't linked to the bargaining round in progress at the time.
In dismissing corporate director Kate Shea's general protections case against EnergyAustralia, the Federal Court has ruled that employment complaints must be based on genuinely-held grievances and not made for an ulterior purpose if they are to form the basis of a workplace right.
The Federal Circuit Court has rejected a club manager's claim that her employer breached adverse action and consultation laws when it made her redundant, accepting it did so for financial reasons.
The Federal Court has ruled that two related door manufacturers who provided gift vouchers to non-striking workers did not take adverse action against workers who took protected industrial action in support of a new agreement.
A FWC full bench has cited insufficient clarity in the tribunal's unfair dismissal and adverse action claim forms as one of the reasons for upholding an appeal by a dismissed employee.
In a rare instance of a court imposing the maximum penalty under the Fair Work Act, the CFMEU mining and energy division has been fined $33,000 for unlawfully implementing its overtime policy at BHP Coal's Peak Downs mine.
A sacked MUA delegate has won "fragile" interim reinstatement orders, after the Federal Court heard what it described as a "chilling" workplace description by two of his female colleagues.
"Employer smarts" about the Fair Work Act's general protections laws are increasing and are likely to make more of a difference than the High Court's ruling in the Barclay adverse action case, according to former Federal Court judge, Peter Gray.
