The majority of a full High Court has today found that parts of Tasmania's laws against workplace protests in forestry and related areas are invalid because they offend the Constitution's implied freedom of political communication.
A company that allegedly told a 62-year old salesperson that he was too old, too deaf and was "hobbling around" with a "broken back" he would use to make a workers compensation claim has been ordered to pay $15,000 for "pain, suffering and humiliation" as part of a larger damages payout for age and disability discrimination.
An FWC full bench has granted permission to appeal the sacking by resources giant FMG of an employee just one week into a six-week performance improvement plan (PIP), but has cautioned against interpreting its ruling as suggesting that employers must always see such processes through to the end.
An FWC full bench has upheld a decision that found workers should be paid for unworked overtime hours under an inclement weather provision that applies to enterprise agreements across the Icthys LNG project near Darwin.
A full Federal Court will tomorrow hand down its ruling on the union bid to quash the Fair Work Commission's decision to cut penalty rates in the retail and hospitality sectors.
FWC members in NSW have suggested that a pilot program in the State that accelerates unfair dismissal claims has generated a rise in reinstatements, a senior tribunal member told a conference on the weekend.
In the FWO's first underpayment prosecution relying on race discrimination prohibitions in the Fair Work Act, a court has found a Tasmanian hotel and its manager deliberately short-changed a head chef and kitchen hand and expected them to work long hours, six days a week because of their Malaysian nationality and Chinese race.
The FWC has ruled that an organisation's failure to provide notice to a poorly-performing finance manager rendered her dismissal unfair, but has refused to order compensation because she "deliberately deceived" it about her qualifications.
A general manager will be able to move to a chief executive role with a competitor in six months, after the NSW Supreme Court cut in half the 12-month restraint in his employment contract.