The NSW Court of Appeal has overturned orders blocking a law firm from acting for a rival practice's former employed solicitor, in a decision finding that information imparted while training and mentoring a junior lawyer did not justify a restraint on his future employer.
A senior FWC member should not have discounted a doctor's evidence that a worker possessed the "sound mind" required to understand the consequences of his resignation, a full bench has found.
The FWC has stopped short of reinstating a wharfie potentially not "in the right mind" when he resigned in 2024, after the tribunal became aware of his recent incarceration for stalking radio star Jackie 'O' Henderson.
In what the NTEU has called a "new low" in tertiary education sector underpayment cases, Torrens University is seeking permission from the High Court to challenge last month's full court finding that casual academics should be paid for marking assessments not directly related to particular lectures or tutorials.
A full Federal Court has confirmed that class actions cannot start until members are correctly identified but can "transmogrify", after Adero Law conceded the definition contained in a store managers' claim against The Reject Shop left the group "empty".
The former executive manager of an "effectively insolvent" disability services provider sacked while on workers compensation has been awarded $20,000, after the FWC found an administrator reached an "uninformed view" her job could be performed by subordinates.
A full Federal Court has confirmed that homecare, disability and social workers should not be paid penalty rates for shifts immediately before or after sleepovers, four months after the FWC made draft award variations that will achieve the opposite.
In a significant judgment on tertiary education sector pay, a full Federal Court has today found that under the academic staff award, a casual lecturer should have been paid for time spent marking assessments not directly related to particular lectures or tutorials.
A FWC full bench has upheld the reinstatement of a senior academic dismissed for sending "intimate and romantic" messages to a PhD student he supervised.
A FWC member who ordered a meatworker's reinstatement wrongly discounted as hearsay evidence that he allegedly called his Pacific Islander colleagues "tree apes" and "black c-nts", a full bench has found.
