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Tribunal scolds BHP for procedural fairness defects

The FWC has admonished a BHP subsidiary for taking a "haphazard" approach to its disciplinary guidelines, finding it had a valid reason to sack a mineworker for her "deviant" conduct when she put a s-x toy in a colleague's carry-on baggage, but procedural failings made it unfair.


Employer's underpayment hit doubled for missing paperwork

In a decision reinforcing the need for employers to maintain timesheets, a court has more than doubled the restitution a family-run business must make despite questions of credibility about the sponsored couple claiming underpayments.


"Vague" task list no basis for sacking over productivity: FWC

In a decision highlighting the perils of relying on nebulous performance measures to assess productivity, the FWC has ordered an IT company to compensate an employee dismissed after being assigned a "vague" To Do list.


Dismissal round-up: Spam excuse wins extension; & more

Time extended after application lands in spam folder; Woolies failed to clarify termination date; FWC upholds sacking for taking unauthorised leave; and Tribunal backs dismissal for threat to "kill" manager.


Meatworker seeks $125K after alleged job trim

A meatworker is suing his employer for more than $125,000 as part of an adverse action claim that it took him off knife-work and reduced his position because he sought to recoup years of alleged underpayments.



Senior FWC member resists bench's recusal advice

A senior FWC member has sought to contain the fall-out from a full bench decision recommending those conciliating a matter should automatically cease arbitrating it if a party objects, observing that simply sending an email citing the case does not guarantee success for such requests.


FWC rejects DP World allegation of "go slow" on docks

The FWC has dismissed DP World's application for orders to halt an alleged "go slow" at its Melbourne container terminal, citing concerns over the statistical evidence tendered by the stevedore.



Ruling might have chilling effect on casuals class actions

A looming Federal Court judgment on whether to grant security of costs to employers facing multi-million-dollar casuals class actions could make employment matters much less attractive to litigation funders, according to a law firm that is targeting the black coal mining industry.


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