Browsing: Legal | Page 687 (7,251 items)

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Sacked assailant fails in adverse action claim

The Federal Circuit Court has rejected a worker's claim that she was dismissed because she refused to work overtime with a co-worker rather than because she had assaulted her several months before.


Reinstatement must be unconditional: Full bench

In its first full bench examination of the Fair Work Act's reinstatement provisions, the FWC has ruled it has no power to attach conditions to orders returning dismissed workers to their jobs.


Prisoner unable to perform his job: Full bench

In a decision that considers the relevance to his employment of a public servant's conduct outside working hours, a Fair Work Commission full bench has ruled that the ATO had a valid reason to dismiss him because his incarceration meant he couldn't carry out his role.


Late wages "penalty" can be included in modern awards: FWC

A four-member Fair Work Commission full bench has ruled that the tribunal has the power to insert in modern awards a provision penalising employers for late payment of wages, but has left it to another bench to decide next week whether the proposal has merit.


ABCC Bill facing defeat

The Coalition's bill to re-establish the ABCC looks doomed in its current form, with two cross-bench senators already telling Parliament they will vote against it and at least one more set to do the same.


Employer's handling of bullying complaint "reasonable": Court

A university did not breach a lecturer's employment contract or its duty of care by failing to make progress with complaints he lodged against his superiors under the institution's grievance policy, a court has ruled.



Full bench overturns "clearly inadequate" compensation

A senior Fair Work Commission full bench has ruled that when assessing compensation in an unfair dismissal case, the tribunal needs "cogent evidence" to find that an employee would have been summarily sacked within a short period if the original termination of employment had not occurred.


Court rejects "fanciful" sexual harassment claim

The Federal Court has thrown out a Monash University academic's sex discrimination claim, based on more than 50 alleged incidents over five years of employment, finding that she subjectively reconstructed "innocent events" after failing to fulfil her professional ambitions.


Victorian Coalition could have breached laws: FWO

The Fair Work Ombudsman has found links between the former Victorian Coalition Government's budget cuts and public sector employment practices that could have breached the Fair Work Act.


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