A Federal Court judge has upended the recently-adopted precept that unions are vicariously responsible for entry breaches by officials under the Fair Work Act's 'liabilities of bodies corporate' clause, declaring that a close examination of related cases reveals no support for the contention.
A tribunal has penalised the operator of a string of Adelaide massage parlours who said he refused to keep records and provide pay slips because he was "too busy and lazy".
The Federal Circuit Court has levelled a $75,000 fine and is expected to order more than $25,000 in compensation against the director of a liquidated supermarkets enterprise who withheld about $450,000 in union dues, superannuation and Easter rates from more than 200 employees.
In a decision further clarifying when and to what extent lawyers can become involved in FWC cases, the Commission says its rules do not stop parties seeking legal advice in the lead-up to hearings.
In a decision underlining the challenges for the Commission in managing vulnerable self-represented employees in its bullying jurisdiction, a full bench has rejected an employee's claim that a tribunal member's procedures were responsible for her mental distress.
An Australia Post employee has failed in a Federal Court bid to win reinstatement after his summary dismissal for acting as a paid industrial advocate for his colleagues.
An FWC full bench led by President Iain Ross has sent a powerful signal to members to back their own judgement in inherent requirements cases where there is conflicting medical evidence, describing a previous full bench decision ceding the final say to employers as "plainly wrong".
