A federal court full bench has remitted a case for retrial after a judge facing impending retirement reproduced "significant" portions of a worker's submissions without attribution in an adverse action case and failed to "bring an independent mind" to his determination.
The former acting principal of a Sydney Islamic school has won a court order fixing costs at $40,000 as she pursues its leadership for allegedly subjecting her to s-x, racial and pregnancy discrimination, including by telling her she should stay home and look after her children.
The ACCC has told the High Court that if a full court's ruling on alleged anti-competitive conduct by the CFMEU is allowed to stand, unions will be able pressure businesses into boycotting goods or service suppliers so long as the threatened corporation does not expressly confirm its collusion.
The Federal Court has suppressed a Channel Seven producer's statement of claim and other documents lodged in connection with her general protections claim, saying that releasing details of alleged workplace behaviours would reduce the chances of achieving a mediated outcome by taking a "bargaining chip" off the table.
A full Federal Court has found Qube Ports lacked standing to retrospectively vary expired agreements, clearing the way for the CFMEU's maritime division to pursue the stevedoring giant for millions in allegedly wrongly-deducted "gap" payments from up to 1000 wharfies' remuneration.
The NSW Supreme Court has ruled that a former chief executive's settlement of a dispute over the termination of his employment contract did not end his entitlement to a bonus triggered by the sale of the company.
In a case highlighting the need for employers to precisely identify decision-makers when defending adverse action matters, the Federal Court has expanded an academic's claim after accepting that a judge failed to "isolate" who at a leading university was responsible for making allegations of serious misconduct.
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 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.
