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Court to rule tomorrow on penalty rates

A full Federal Court will tomorrow hand down its ruling on the union bid to quash the Fair Work Commission's decision to cut penalty rates in the retail and hospitality sectors.


Discussions seek to narrow differences on domestic violence leave

FWC President Iain Ross says a one-day conference in Sydney on Friday will focus on unpaid domestic violence leave and a possible model term, with unions and employers yet to agree on how to define family and domestic violence.


Reinstatements might be on the rise

FWC members in NSW have suggested that a pilot program in the State that accelerates unfair dismissal claims has generated a rise in reinstatements, a senior tribunal member told a conference on the weekend.


Race-based underpayments a new prosecution frontier for FWO

In the FWO's first underpayment prosecution relying on race discrimination prohibitions in the Fair Work Act, a court has found a Tasmanian hotel and its manager deliberately short-changed a head chef and kitchen hand and expected them to work long hours, six days a week because of their Malaysian nationality and Chinese race.


No compensation for manager who lied on CV, damaged business

The FWC has ruled that an organisation's failure to provide notice to a poorly-performing finance manager rendered her dismissal unfair, but has refused to order compensation because she "deliberately deceived" it about her qualifications.


Court reduces GM's restraint from 12 months to six

A general manager will be able to move to a chief executive role with a competitor in six months, after the NSW Supreme Court cut in half the 12-month restraint in his employment contract.


Leader pulls court action against his union

Flight Attendants Association national division secretary Andrew Staniforth has withdrawn a court case against his union after it agreed to provide an opportunity for him to respond to "questions" and appoint former Unions NSW secretary Mark Lennon to investigate any subsequent allegations.


Lack of HR expertise costs small employer

"No human resources specialist would have recommended" the manner in which a company dismissed a worker after his "appalling conduct" when he swore in a vulgar way at his boss, the FWC has found.


Notice of dismissal must provide "ascertainable date": Bench

An FWC full bench has ruled that when an employer dismisses a worker, it must give notice of the time when it takes effect, or an "ascertainable" date, finding that an organisation failed to meet statutory obligations when it informed an employee he would be sacked on the completion of dispute processes under its enterprise agreement.


WTF? Court rejects misleading conduct claim

The Federal Circuit Court has rejected a highly-paid employee's claim that a media business engaged in misleading and deceptive conduct when it told her that if she won a role with the company it would be "long term".


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