A Federal Court judge has foreshadowed today that he will order a litigation funder to provide security for the potential costs of two IR class actions, while observing that such a move is unlikely to have a "stultifying" effect on the proceedings.
A looming Federal Court judgment on whether to grant security of costs to employers facing multi-million-dollar casuals class actions could make employment matters much less attractive to litigation funders, according to a law firm that is targeting the black coal mining industry.
The FWO is prosecuting the operators of a Sydney restaurant for allegedly underpaying a skilled worker on a SubClass 457 visa by more than $150,000 while they maintained "overall control" of his bank account.
The FWC has ordered an employer to reinstate an employee it accused of theft, fraud and corruption, finding "erroneous" allegations and "a series of procedural flaws" led to her unfair dismissal.
A company that was within its rights to sack an employee who said he was too broke to travel to work must compensate him due to its unfair dismissal process the following day.
A construction company's refusal to to engage a non-union subcontractor at the CFMMEU's behest has now cost it $275,000 in penalties and compensation, with the Federal Circuit Court noting such conduct "has the potential to perpetuate a culture of submission".
The AWU says that Esso Australia has slashed the size of a compensation claim over unprotected industrial action in 2015 from $54 million to about $8.6 million.
In a reminder of the need for employers to strictly follow disciplinary procedures, the FWC has ordered a hospital pay more than $30,000 to a former security guard unfairly sacked over his treatment of an absconding mental health patient.
A bottle shop attendant told by her manager that she would not be able to work in a bar while pregnant because it was "a bad look" has been awarded almost $40,000 in compensation and penalties, a court finding there was "no doubt" the employer breached adverse action provisions.
An academic found to have been unlawfully dismissed by James Cook University over criticisms of prominent climate research has been awarded more than $1.2 million, the presiding judge excoriating the institution over its "egregious abuse of power" and public statements intended to "sow doubt" about his findings.
