Roy Morgan Research Ltd took adverse action against a director who sought to return to work after maternity leave when it refused her request for flexible working hours and instead brought forward her redundancy, the Federal Circuit Court has found.
Making a project manager redundant after granting his request to be transferred to a less secure position did not constitute adverse action as the new role was better for his mental health and the employer's decision was based on his competence, qualifications, tenure and a business downturn, a court has found.
The AWU is calling for the corporate regulator to investigate whether Queensland Nickel breached corporations laws and whether owner Clive Palmer is acting as a "shadow director", as part of the union's push to secure members' outstanding entitlements.
A tribunal has awarded more than $13,000 in damages to a customer service officer an employer discriminated against when it failed to make reasonable adjustments and then sacked her because of her inability to return to pre-injury duties.
Unfair to sack supervisor for remark made in jest; FWC grants legal representation for case to be heard on "less emotive" basis; Employer's appeal against domestic violence sacking rejected by full bench; High-earning BHPB "number two" not protected from unfair dismissal; HR business partner's $138,000 salary exceeds high income threshold; Tribunal rejects sacked worker's bid for reimbursement of counselling costs; Ranger dismissed because contract ran out, not whistleblowing; and FWC "draws the line" on "meandering" unfair dismissal claim.
Morning sickness justifies extending time; Legal representation granted in drug test dismissal case; Constructive dismissal by phone justified after vehicle log book failure; Refusal to accept a large settlement not unreasonable, says FWC; and "Informal chat" insufficient consultation for horse trainer redundancy.
A full Federal Court majority has today found that a passively-worded redundancy clause in a university's enterprise agreement imposes firm obligations on it to exhaust other options before proceeding with compulsory redundancies.
An employer that the FWC found had "acted quite benevolently" and had tried to accommodate the needs of a worker suffering health problems has been ordered to pay compensation after mishandling her dismissal.
The Federal Court has rejected a major external service provider's bid for costs stemming from a failed adverse action and breach of contract claim, in a ruling that canvasses the "commonplace" difficulties parties can face when preparing for trial.