A full Federal Court has upheld an order that required an aged care provider to pay a former employee the annual leave she accrued while she was absent from the workplace on workers' compensation.
Workers need to be protected from employers that argue they took action against an employee because of the impact of the person exercising a workplace right rather than the actual exercise of the right, a judge has ruled in a dissenting judgment.
The High Court has refused the CFMEU special leave to challenge last year's Victorian Court of Appeal finding that the Boral group could rely on the tort of intimidation to recover millions in damages for concrete supply bans.
ResMed's request for a member of a Fair Work Commission full bench to stand aside from hearing its challenge to a majority support determination has been deferred pending the result of a Federal Court appeal.
A FWC full bench has ruled invalid a major company's representational rights notice for departing from strict wording and content requirements, after giving the employer and unions the opportunity to respond to newly-published guidelines on the issue.
The Fair Work Commission has rejected the AMWU's reliance on a petition to argue for a majority support determination for water treatment employees after the union failed prove the documents were at all times under control of its organisers or delegates.
An FWC full bench has rejected a "well-resourced" company's argument that the complexity of an unfair dismissal case required that it be represented by a lawyer.
Uncertainty remains as to whether electricity distributor Essential Energy can shift some managers and senior technical employees onto individual contracts, despite a FWC full bench overruling an earlier "scope" decision.
MUA WA branch official Will Tracey could seek a fresh entry permit, after a full Federal Court made it clear that the Fair Work Commission can exercise its discretion to issue him a conditional permit even though he failed the "fit and proper person" test.
