Browsing: General protections and adverse action | Page 15 (787 items)

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Unions to bargain for share of gains from AI revolution

Unions will bargain for artificial intelligence "productivity clauses" to ensure workers are paid a "fair share" of additional wealth created by the technology rather than just generating "super profits" for employers, under a new ACTU policy.



"Contractor" documents disguised employment relationship: Bench

In a decision with broad implications for the disability services sector, a care provider has failed to overturn a ruling that a worker who signed two contracts describing her as an independent contractor is in fact an employee capable of suing it for alleged unlawful dismissal.


Sacking followed perceived "badgering" of national HR chief

A company did not sack a worker for alleged safety breaches and unprofessional behaviour, but rather took unlawful adverse action when it decided to dismiss him because its national HR manager took his queries about pay and flexible work as "badgering" and harassment, a court has ruled.


Westpac wins suppression orders in adverse action case

In a court ruling a major media organisation argues could curtail open justice "in every proceeding", a judge has blocked the release of documents until attempts to reach a mediated settlement in the adverse action case have been exhausted.


"Entitled to inquire" about lawyer's conduct: Judge

A judge has rejected suggestions that he "inferred misconduct" on the part of lawyers acting for a construction giant in an adverse action case that has moved on to weighing damages and compensation.



"Genuine" apology helps reduce fine for sports giant

A "wealthy" global sports company's mistaken belief that a sacked manager took unapproved days off has contributed to a judge finding that it should be hit with only 25% of the maximum penalty for taking three months to pay out his annual leave entitlements.


No stay for employer seeking to defend bushfire sacking

Construction giant Laing O'Rourke has failed to block consideration of compensation and penalties while it appeals a finding that it unlawfully sacked a manager over an altercation at a party during a bushfire recovery project.


Don't adopt Fair Work Act's "misshapen wheel": Latham

As the Minns Labor Government prepares to introduce further IR amendments in NSW, the lawyer involved in one of the first adverse action cases brought under the Fair Work Act has told a conference the one thing he would not recommend is adopting the federal legislation's general protections provisions.


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