Qube Ports did not take adverse action against an employee it sacked for refusing to work at a higher classification, because under its enterprise agreement it could make that direction, a full Federal Court has found.
A court has dismissed an attempt by six former Patrick Projects employees to win an interlocutory injunction stop its takeover while they sue it and parent company Asciano for allegedly failing to adhere to an employment agreement and deed.
The FWC has rejected a construction of the statutory "effective representation" test argued by a dismissed employee seeking to have a lawyer appear for him in the Commission, because it would set the bar too high even for "experienced industrial advocates and lawyers".
The FWC has for the second time in 10 days agreed to suppress the personal details of employee signatories to an enterprise agreement, but this time has refused to keep their names confidential.
The FWC's much-anticipated ruling on weekend penalty rates is still likely to be months away, after the Commission called on the Australian Industry Group to provide further details on the days and times that casual fast food employees prefer to work.
An executive has failed in a court bid to find that an indemnity clause in his employment contract meant he wasn't liable for a $30,000 indemnity costs order, awarded due to his unmeritorious claims.
A court has made it clear that employers can be obliged to provide reasonable notice beyond requirements in the NES, in an adverse action case triggered by a general manager's sacking for comments about a major client's pregnant wife that "when you have a baby your wife is ripped from asshole to c--t and it never looks the same again".
The FWC has agreed to suppress the identity of an employee representative who signed off on an enterprise agreement on the condition he would remain anonymous, because he feared victimisation in the workplace after the ETU resolved to oppose it.
A tribunal has overturned an Employment Department decision to refuse a patent lawyer's Fair Entitlements Guarantee claim after it found there was no "tacit" agreement that his employment was transferred from a company that became insolvent.
The Federal Court has ordered Rio Tinto subsidiary Hail Creek Coal to pay $1.3 million in compensation and interest for the adverse action it took against an injured mineworker.
