In a significant decision unsettling the FWC's approach to general protections applications, a full Federal Court has ruled that a Commission bench "misconstrued" limitations on the tribunal's powers to first establish whether workers have been dismissed before considering such matters.
The FWC has found an Aboriginal corporation took unlawful adverse action by sacking three cultural heritage field officers for failing to prove ancestral connections, noting it was a by-product of the misery inflicted on victims of the stolen generation.
A court has fined the CFMEU and two organisers almost $100,000, after finding the union engaged in unlawful coercion and adverse action when it organised a blockade at the $1.6 billion Port of Melbourne expansion project because an employer refused to bargain.
A full Federal Court has dismissed regional airline Rex's attempts to challenge a pilots' union's standing to pursue an adverse action claim for non-members, concluding it is entitled to represent the industrial interests of eligible non-members.
A court has made it clear that employers can be obliged to provide reasonable notice beyond requirements in the NES, in an adverse action case triggered by a general manager's sacking for comments about a major client's pregnant wife that "when you have a baby your wife is ripped from asshole to c--t and it never looks the same again".
A bill introduced to Queensland's Parliament by IR Minister Grace Grace yesterday ushers in a new regime for workplace discrimination, and for the first time, provides protections against adverse action and bullying.
A project delivery and maintenance contractor took adverse action against a former union official when it refused to employ him at a major project site because of his background as a unionist and concerns over his former "adversarial" views on the project, the Federal Court has found.