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Bank chief's contract incorporated redundancy policy: Court

A chief executive has been awarded more than $3m after a court found that his employer's redundancy policy was incorporated into his contract of employment, but his off-sider will take home nothing after failing to prove that the policy became part of his contract as part of a "course of dealings".

Late wages "penalty" can be included in modern awards: FWC

A four-member Fair Work Commission full bench has ruled that the tribunal has the power to insert in modern awards a provision penalising employers for late payment of wages, but has left it to another bench to decide next week whether the proposal has merit.

Employer's handling of bullying complaint "reasonable": Court

A university did not breach a lecturer's employment contract or its duty of care by failing to make progress with complaints he lodged against his superiors under the institution's grievance policy, a court has ruled.

Victorian Coalition could have breached laws: FWO

The Fair Work Ombudsman has found links between the former Victorian Coalition Government's budget cuts and public sector employment practices that could have breached the Fair Work Act.

Deliberate dishonesty justified instant dismissal: Federal Court

A five-member bench of the Federal Court has ruled that a company was entitled to summarily dismiss an executive employee for serious misconduct that destroyed the relationship of trust between them, even though it had moved earlier to terminate his employment on six months' notice.

FWO gives Victorian agency six months to get house in order

The Fair Work Ombudsman has asked a Victorian Government agency to urgently review the way it engages workers, after an investigation revealed it might be "misclassifying" employees as independent contractors.

Senior public official loses breach of contract case

A state government that lost confidence in its mining warden did not breach his employment contract when it removed him from office, nor did it contravene trade practices laws when it originally offered him the role, a court has ruled.

Court refuses pre-case discovery to back confidence breach suspicions

The Federal Court has refused to compel three employees to hand over documents to their former employer to help it decide whether to sue them for breaching contract and corporations laws, finding the company had failed to make enough inquiries of its own before seeking discovery orders.

After Barker, lawyers turn to implied duty of good faith

Employee lawyers are reframing contract of employment claims to include a duty of good faith in the wake of the High Court rejecting an implied duty of trust and confidence, but face an uphill battle to entrench the principle in Australian law, according to some senior academics.

Docks culture laid bare in MUA delegate's failed bid to regain job

Stevedoring giant DP World was entitled to summarily dismiss an MUA delegate who called a colleague a "f--king lagger" and instructed another worker to lie in a related investigation, and the sacking did not amount to adverse action, the Federal Court has ruled today.