Inconsistent decisions, a fragmented legal framework and an inadequate licensing regime for private investigators are combining to create uncertainty for those involved in workplace investigations, according to an academic who is calling for regulatory overhaul.
A large employer's decision to excise union references from its representational rights notice has scuppered its proposed agreement, the FWC observing that employees were effectively being "herded" towards two colleagues who had negotiated the previous deal.
An FWC full bench has rejected IR Minister Christian Porter's bid to review an already-approved agreement on the basis that it contains discriminatory terms, while it has allowed changes "entirely disposing" of any lingering ambiguities.
Professionals Australia has filed a $380,000 discrimination and adverse action claim against one of the nation's largest defence contractors, alleging it unlawfully sacked a manager after nearly 20 years' service because he suffers from multiple sclerosis and Parkinson's disease.
An employer must pay $2.7 million in damages and interest to a former chief executive it sacked for alleged insider trading, after a court found claims that he offloaded company shares to take advantage of sensitive information before it became public "did not make sense".
The FWC has admonished a BHP subsidiary for taking a "haphazard" approach to its disciplinary guidelines, finding it had a valid reason to sack a mineworker for her "deviant" conduct when she put a s-x toy in a colleague's carry-on baggage, but procedural failings made it unfair.
Time extended after application lands in spam folder; Woolies failed to clarify termination date; FWC upholds sacking for taking unauthorised leave; and Tribunal backs dismissal for threat to "kill" manager.
A senior FWC member has sought to contain the fall-out from a full bench decision recommending those conciliating a matter should automatically cease arbitrating it if a party objects, observing that simply sending an email citing the case does not guarantee success for such requests.
Murdoch University is seeking compensation for a dip in international student enrolments and damage to its reputation in a cross-claim against an academic who is accusing it of retaliatory adverse action over alleged public interest disclosures to the media.
