The Full Federal Court erred in the landmark Skene decision on casual employees by taking account of "post-contractual conduct" such as rosters, according to the labour hire company involved in the case.
The Federal Court has resuscitated a worker's long-running adverse action claim, accepting that a 2014 settlement agreement with her employer might have been based on incorrect advice she was given by an FWC member.
A Sydney-headquartered technology company had no obligation to pay redundancy to a former regional marketing manager based in Singapore as he did not perform any work in Australia, a court has found.
An FWC full bench has upbraided a member for "inviting" an employer to seek to strike out an unfair dismissal claim after the employee failed to follow directions, holding that he didn't meet deadlines due to his baby son's medical condition, which required heart surgery.
A tribunal has ordered a health service to reinstate the chair of its credentialing committee dismissed for his role in appointing to an obstetrics job a recovering alcoholic suspected of falling off the wagon at work, rejecting as "absolute codswallop" its claim that the chair now poses a danger to the public.
An employer association has begun probing the alliance between the AWU and the CFMMEU's MUA division that seeks to build membership in the offshore oil and gas sector, arguing that it creates a conflict of the interest for the organisers involved.
A major civil construction company has successfully toppled an FWC full bench finding that its proposed agreement unlawfully allowed workers to be covered by future deals ahead of its nominal expiry date.
An Aboriginal night patrol officer sacked for timesheet discrepancies has won back his council role after an FWC member took into account "very strong" ties to his remote community and the dearth of alternative employment opportunities.
An academic has welcomed a significant FWC full bench finding that a worker's refusal to participate in fingerprint scanning did not justify his dismissal and warns that many employers lack awareness of their legal obligations and the potential consequences of biometric technology.
A full Federal Court majority has today rejected a judge's reasoning for ordering the MUA to pay a fine of just $38,000 for a week-long unlawful strike at Hutchison Ports' Sydney and Brisbane container terminals, but has rebuffed the FWO's contention that the stevedore should have been awarded $600,000 in damages it didn't seek.
