In a judgment raising the possibility that State workplace protections could extend to independent contractors under the Fair Work Act, Federal Court Chief Justice Debra Mortimer has today dismissed Melbourne Symphony Orchestra's bid to strike out a freelance pianist's adverse action claim that it discriminated against him by cancelling a performance after he accused Israel of committing war crimes.
An aged care home has been ordered to pay almost $400,000 in damages and penalties to a Chinese nurse summarily sacked after she complained that Filipino co-workers received more favorable treatment.
A Melbourne stockbroking firm and its founder have been hit with compensation orders and penalties totalling more than $600,000, a Federal Court judge also directing them to cover the legal costs of two former advisors forced to defend "fanciful" claims their departure "destroyed" the business.
"Offboarding" a worker and processing her "final pay" before she went on holiday did not amount to a termination of employment, the FWC has ruled, because although the term "superficially" indicates dismissal, the worker failed to consider the circumstances of her labour-hire arrangement.
A pregnant lawyer who filed her adverse action application before her dismissal took effect will get a chance to pursue her claim, after the FWC waived the "irregularity" to save both parties the cost and time involved in dealing with a fresh application that would have been filed late.
An unlisted mining exploration company has failed to claw back legal costs that included a 14-day trial defending claims brought by its former "whistleblower" chief executive, after the Federal Court found his rejection of two settlement offers justified when he stood to receive "substantial" penalties for workplace breaches.
The ACT's education department must find an additional $8000 after a court increased penalties for breaching an agreement's job security terms in the case of a former public school teacher claiming she was unlawfully dismissed in 2016.
A lap dancer who worked in a club in Brisbane's Fortitude Valley cannot proceed with her general protections claim after the FWC found she is an independent contractor.
A decorated scientist whose job offer was withdrawn after becoming the subject of a workplace investigation has failed to persuade the FWC that despite the absence of a signed contract, an all-staff announcement and time spent at meetings related to the role established an employment relationship.
A union member acting as a maintenance contractor's health and safety representative has won interim reinstatement while the Federal Court weighs claims that the company sacked him for raising complaints about everything from silica dust exposure to welding fumes and fatigue management.
