The High Court has today unanimously found that an employer breached the Fair Work Act's anti-sham contracting provisions when it misrepresented an employment relationship as one of independent contracting.
A Fair Work Commission full bench has set down principles to guide the equal pay case for child care workers and early childhood teachers, before it hears the merits of the matter next year.
Stevedore DP World has acknowledged its "clerical error" is to blame for the FWC's rejection of proposed enterprise agreements for its Melbourne and Brisbane container terminals, after its ballot declarations wrongly stated that fewer than 10% and 2% of workers respectively supported the deals.
The chief executive and a manager of a chamber of commerce and industry who withdrew bullying and harassment complaints once they no longer had contact with the alleged perpetrators did not act vexatiously or without reasonable cause in seeking anti-bullying orders, the FWC has found.
The FWC has found even the "most basic" of HR advice would have avoided the "error laden and unfair" dismissal of a 457 visa holder employed under an exploitative arrangement in which she worked as a motel senior manager on the proviso that her partner toiled for free.
The FWC has for the second time approved an agreement covering the main Sydney Harbour ferry service workforce after dismissing the motivation for a belated scope order bid for masters and engineers as "little more than petty elitism rather than any genuine unfairness".
A court has found Australia Post vicariously responsible for the actions of a supervisor because it failed to enforce its "exemplary" anti-discrimination policies after complaints that he racially abused a delivery driver, calling him a "f---ing black bastard" and telling him to go back to where he came from.
A hospital-based interpreter who failed to inform her employer she was suffering depression when warned for repeated lateness has failed to convince a court that the disciplinary action and her subsequent dismissal amounted to unlawful adverse action because of her mental disability.
The Federal Court has rejected an employee relations specialist's claim that her employer took unlawful adverse action when it sacked her for taking sick leave after she suffered a mental breakdown and made allegations of sexual harassment.
