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.
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".
A federal court has confirmed that the CFMEU's construction division is not the only industry participant deserving of scrutiny, factoring-in a builder's lack of remorse into penalties imposed for blocking a union official's attempt to check on potentially dangerous electrical boards.
In a significant ruling on what constitutes a "genuine" effort to reach agreement while bargaining, a FWC full bench has upheld a member's decision to grant a PABO to a union, despite it having met with the employer only once by the time its application came before the tribunal.
A Federal Court judge has dealt a blow to three workers' pursuit of an embassy over alleged sham contracts, closely examining the "dignity, immunities and privileges of foreign States under Australian law" before overturning a lower court's rejection of attempts to bin the case.
A full Federal Court has overturned a ruling that Sydney Trains unlawfully discriminated against a trainee driver it sacked for failing to disclose that she had ADHD and autism, finding a judge relied on a "number of interrelated assumptions" unsupported by evidence.
