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Court upsets union's case over testing status quo

The Federal Court has put unions on notice about what to expect from status quo provisions in dispute resolution clauses, tossing out the AMWU's bid for declarations and penalties against Opal Packaging for changing the way drug and alcohol tests are conducted.


Chronic pay failure a constructive dismissal: FWC

An employer that owes a worker more than $9000 in unpaid wages constructively dismissed her by underpaying her and consistently failing to pay her on time, if at all, the FWC has ruled, ordering it to pay $27,425 compensation.


High Court to rule on crucial redundancy question

The High Court will on Wednesday hand down its ruling on what mining giant Peabody says is a "critical" test of the laws governing whether a redundancy is genuine.


Costs for worker after HR consultant "embellished" case

The FWC has awarded indemnity costs against an IT company for its vexatious defence of an unfair dismissal claim that included a HR consultant's "astonishing" approach to the worker's new employer to establish his earnings.


FWC upholds sacking for defying lawful direction

A worker who insisted on toiling from his hospital bed almost immediately after bowel surgery has failed to overturn his dismissal for repeatedly flouting a direction to work within ordinary hours.


Adero weighing class action against SRG

Adero Law is investigating potential underpayments at Super Retail Group stores as it sets its sights on a possible class action on behalf of current and former employees.


Tardy FWC advice no excuse for late application: FWC

A worker has lost his ability to lodge a general protections application challenging his sacking after waiting more than three weeks to hear back from the FWC's Workplace Advice Services program, with the tribunal refusing to grant an extension.


Potential weekend work aversion reduces redundancy: FWC

The FWC has slashed the redundancy payout owing to a university facilities manager who turned down an alternative role encouraging weekend work to take up a higher paying position with fresh opportunities.


Former union leader behind entry stand-off: Court

The Australian subsidiary of a multinational construction company followed a "considered industrial strategy" devised by a former AMWU leader when it refused a senior union official entry to a project to speak to workers, a judge has found.


Steggles SJSP resistance just didn't cut it: FWC

The FWC has rejected a host employer's argument that de-boning chickens is specialist work that would fall under the service provision exception, and has made same-job, same-pay orders covering two labour-hire companies that provide workers to a poultry processing plant.


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