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.
The Fair Work Act's compensation cap has operated inequitably to allow Guzman y Gomez to "benefit from its poor treatment" of a hard-working casual denied shifts while a HR manager maintained she remained employed, a senior FWC member has found.
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.
The Federal Court has rescinded a windfall for three emergency-call operators who stood to be reimbursed for years of unpaid mentoring allowances, after determining a lower court failed to account for training payments already made under the governing agreements.
Workplace Relations Minister Senator Murray Watt will weigh into a gender undervaluation award review case to make it clear the wages of affected workers must not go backwards, after the ASU warned proposed changes to the community and disability sector award might leave some workers up to $700 a week worse off.
A law firm that forced a solicitor to work "self-evidently excessive" hours and "deprived her of any form of personal autonomy or agency without any rational justification" has been ordered to pay her $50,000 in fines and interest.
The FWC has found it "fanciful" to suggest that an employer might allow a HR professional to send extensive confidential information to his personal email address without authorisation, ruling his serious misconduct warranted dismissal.
A tribunal has pilloried a government department's efforts to fill a vacancy after observing that a senior nurse encouraged to apply had the role plucked away from her following the "catastrophic collision" of three internal processes.
"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.
