Browsing: Legal | Page 63 (6,581 items)

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Wholesale "cut and paste" of party's submissions warrants retrial

A federal court full bench has remitted a case for retrial after a judge facing impending retirement reproduced "significant" portions of a worker's submissions without attribution in an adverse action case and failed to "bring an independent mind" to his determination.


Sleepover payments "unsustainably generous": AiG

The ASU claims employers seeking to vary the SCHADS award sleepover allowance in a hearing starting today are attempting to make it lawful for community and disability support workers to be at work for up to 28 hours without overtime pay.


Entry laws fail to contemplate WFH practices: Union leader

The Federal Government should consider "a right of access" to workplaces rather than a right of entry", to overcome the presumption that workers attend a physical location to perform their jobs that "ignore[s] the reality" of post-COVID-19 remote and digital work environments, a union leader suggests in a paper she will present at the Australian Labour Law Association conference next week in Geelong.


Administration Act designed to limit political communication: CFMEU

Sacked CFMEU construction division officials have told the High Court their constitutional challenge to Federal Government legislation placing union branches under administration is a stark reminder that "you cannot do indirectly what you are forbidden to do directly".



Uber driver set to test new unfair contract provisions

A FWC full bench will next month hear an Uber driver's unfair contract case, in the first test of the new provisions, a senior tribunal member told the NSW IR Society's Newcastle branch last week.


Costs fixed for teacher claiming s-x, pregnancy discrimination

The former acting principal of a Sydney Islamic school has won a court order fixing costs at $40,000 as she pursues its leadership for allegedly subjecting her to s-x, racial and pregnancy discrimination, including by telling her she should stay home and look after her children.


3% increases over three years for NSW teachers

NSW public school teachers have voted up a three-year agreement that builds on a "breakthrough" deal last year that lifted wages by 4% in addition to big one-off rises for those at the top and bottom of pay scales.


Employer slugged $83K after sacking union delegate

An AMWU delegate sacked for allegedly outing non-union co-workers has been awarded the maximum available compensation after the FWC expressed surprise that his multinational employer's investigation could have been conducted "so badly".


FWC sinks boat captain's sacking challenge

An employer's failure to give a skipper an opportunity to respond to specific allegations about the circumstances surrounding a charter boat's costly collision with a channel marker did not provide sufficient reason to reverse his dismissal, the FWC has found.


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