The FWC has rejected an employer's jurisdictional objections to hearing the dismissal appeal of an employee over the high-income cap who worked on overseas assignments, finding that while he fell outside the enterprise agreement he was covered by the industry award.
An FWC full bench has highlighted the limits of permissible ex parte communication between parties to agreements and tribunal members, in a ruling in which it found that such exchanges denied procedural fairness to the union objecting to a deal's approval.
The FWC has approved a new agreement that permits poultry giant Inghams to suspend workers without pay for up to three days during investigations into misconduct, after it found any detriment when compared with the award is outweighed by the deal's benefits.
A court has found the Federal Police took adverse action by refusing to employ a candidate because of his arthritis, but its refusal to reverse the decision after a review was lawful because it was based on the inherent requirements of the position.
A court has temporarily restrained a business development manager, accused of stealing her employer's "trade secrets", from continuing to operate her own enterprise despite her claims that the employer agreed to remove restrictions on her before she resigned.
The WA Supreme Court has temporarily barred an engineer with highly-specialised skills from working with any competitors in the state after finding reasonable a 10-year restraint clause.
A court has awarded more than $600,000 in damages to a state government employee with known mental health issues who suffered a "breakdown" after managers failed to properly consider her condition when they addressed a mounting conflict with a supervisor.
