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.
The Federal Circuit Court has found that Baulderstone Pty Ltd and two of its managers took unlawful adverse action when they changed a worker's employment status after he resigned from the CFMEU, holding the company couldn't show otherwise as it didn't call its main decision-maker to give evidence.
Justice Ross finalises annual leave award review scope; Retailers appeal junior rates ruling; Court closes door on adverse action costs claim; and Mammone moves to AMMA.
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.
