A Federal Court judge has refused to transfer a safety executive's adverse action case from Sydney to Perth, partly because of her claim that simply setting foot in the city where she was sacked has a "triggering" effect on her mental health.
Under-fire HSU branch leader Diana Asmar has been ordered not to use union funds to cover the costs of defending FWC allegations that she received "cashbacks" and unwarranted reimbursements, while also being directed to provide undertakings not to initiate any further reprisals against three officials who maintain that the branch no longer operates effectively.
A lawyer's "significant omission" in failing to specify the deadline for a self-represented worker to lodge his unfair dismissal claim, despite sending the worker a costs agreement on that date, contributed to the delay and warranted a one-day extension, the FWC has found.
The FWC has ruled that an intoxicated FIFO female mineworker rubbing up against and trying to hold hands with her male colleagues when commuting to her worksite amounted to harassment and s-xual harassment and warranted BHP dismissing her.
A FWC presidential member has suggested policymakers give greater consideration to recognising the "industrial qualifications" of migrant workers after ruling an employer unfairly dismissed a factory hand when it made him redundant without consultation due to his unsuccessful attempts to obtain an Australian forklift licence.
A judge has compiled a checklist for workers pursuing employers over unreasonable hours, highlighting the difficulties a product marketing manager faces in building her adverse action case without detailed evidence of workloads, deadlines and demands to complete tasks.
The use of rolling fixed-term contracts in the tertiary education sector is set to come under close scrutiny by a FWC full bench, while the tribunal has also moved ahead with its review of two arts sector awards in the wake of its inconclusive "targeted" examination of modern awards.
The FWC has cleared the way for a Philippines-based paralegal to pursue her unfair dismissal claim, finding her an employee of a Queensland law firm that paid her $12 an hour below award.
A full bench comprising the FWC's three most senior members has made same-job, same-pay orders that will increase wages for one labour supplier's workers at a Queensland meatworks by about 25% and provide "significantly higher rates" for a second supplier's workers at the same workplace.
An account manager who helped to lure 45 clients to a rival has been ordered to pay $500,000 to his former employer, after a judge highlighted the difficulty of gathering evidence in a case in which one of the manager's mobile phones surfaced after being "immersed in water" and another "met with the unhappy fate of being run over by a lawn mower".
