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Full court majority backs coercion call, despite procedural flaws

A full Federal Court majority has found a judge did not deny a building contractor procedural fairness by failing to put it on notice before declaring it breached non-pleaded coercion provisions, during a meeting with undertones of The Godfather.


Broncos' retrenchment of assistant coach genuine: FWC

The FWC has declined to hear an NRL assistant coach's late claim that his club unfairly dismissed him during the season's temporary suspension due to COVID-19, but has conceded that he might reasonably feel "particularly aggrieved" about his selection for redundancy.


Court overturns executive's $1 million payout after HR stoush

A company forced to reinstate a senior executive sacked more than three years ago after a stoush with a HR manager has successfully appealed, with the Federal Court to redetermine his adverse action case if not resolved at mediation.

Policy left employer with no choice but to sack worker: Bench

A SA youth worker sacked after he was deemed "psychologically unsuitable" has failed to overturn a finding that his employer had no option because of the job's inherent requirement that he pass the psychometric test.

Tribunal head vents over member's "imprecise" decision

A tribunal head has taken the unusual step of critiquing a member's "imprecise" decision that required an appeal bench to review evidence to identify the reasoning behind his findings.

COVID-19 stand down designed to avoid big payout: FWC

The FWC has ordered a recruitment company to immediately end the stand-down of a state manager after rejecting its claim that COVID-19 left her with no work, finding instead that it sought to force her to resign.

Worker to repay FEG amount in Plutus washup

A worker must repay his $31,000 FEG payment after a tribunal found that he was employed by a retail chain and not by the now liquidated Plutus Payroll.

Employer had no obligation to consult with uncovered worker: FWC

In a decision underlining the perils faced by workers who are not covered by awards or enterprise agreements, the FWC has found an employer had no statutory obligation to consult an employee about its plans to make him redundant.