The Federal Circuit Court has ruled that there is no unfettered right to freedom of political expression in dismissing a federal public servant's application for a declaration that any finding that she had breached the APS code of conduct for tweeting her opinions would breach her implied constitutional rights.
Virgin flight attendant's reinstatement confirmed; Evidence from decision-maker not a requirement for valid reason; and All s387 factors relevant to whether dismissal fair.
The Federal Court has rejected a transport employer's bid to challenge a dispute settlement ruling by a Fair Work Commission full bench, holding that private arbitration was not just a "dry run" of a court case.
The BCA has called for an IR framework that provides for direct engagement between employers and employees, and a Productivity Commission inquiry into Australia's IR system.
BHP Billiton has warned the federal government that it would be making "an unreasonable and unnecessary incursion" into business decisions if it proceeds with its proposal to extend the right to request flexible working arrangements, while new requirements to consult over roster changes would hamper the "agility" required by employers to respond to changes in operational needs or customer demands.
The Federal Court has stayed a $300,000 Federal Magistrates Court penalties and backpay order against a call centre, while imposing a conditional security payment, acknowledging the employer's chances of a successful appeal are "not strong".
A prison officer has failed to win reinstatement after being summarily dismissed for impersonating a co-worker by sending an email from the colleague's account to his entire department, inviting other "homosexuals" to contact him.
