The CFMMEU has told the High Court an ABCC appeal raises the prospect of "double punishment" by inflicting maximum penalties for even minor contraventions based on past recidivism, with a risk that it could encourage contravenors to commit more serious breaches.
An academic's $2 million adverse action case against a university's HR department has been transferred to the Federal Court, a judge observing that its outcome has "significant" implications for the tertiary sector's ability to scrap tenured positions funded by endowments.
A digital marketer has been cleared to pursue her adverse action claim after the FWC dismissed an employer's contention that her billed hours exceeded those reasonably expected of a "millennial with quick reflexes".
The NSW IRC has wound back disciplinary measures against a prosecutor accused of "coaching" when he mimicked digital penetration and fellatio to a witness pursuing a sexual assault case.
An appeal court has found that international IT company Infosys had no obligation to pay long service leave to employees who claimed the entitlement after they worked for it in Australia for less than three years but up to a decade in India and elsewhere, finding they didn't meet the "continuous service" threshold under State legislation.
A FWC member has declined to recuse herself from hearing the unfair dismissal claim of a public servant accused of staging a workplace fall, rejecting accusations she prejudged the worker as guilty and aggressively pushed her to accept a settlement.
A court has accepted that it should impose a reduced underpayment penalty on an employer and its director because last year's extended coronavirus lockdown in Melbourne significantly reduced the size and financial resources of the business.
A Federal Court judge has set a limit on the construction watchdog's use of anti-picketing laws to bring unions to heel, observing that "while picketing involves obstruction, not every obstruction is a picket".
A decision by NSW Trains to discipline a manager by shaving almost 10% off his annual pay constituted a dismissal even though he remains in the job and such action is allowed by its agreement and governing regulations, the FWC has held.
In a decision said to have "massively" raised the bar on compensation amounts, Queensland's Industrial Court has boosted a "manifestly inadequate" $50,000 payout to nearly $160,000 for a casual laundry worker who faced demands for s-x in return for work.
