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Judge resists "crushing" fine for underpaying employer

A judge has questioned the FWO's "vigour" in seeking penalties against an "impoverished" dairy business whose owner is already struggling to make $300 weekly instalments to compensate an underpaid worker.


"Explicit" pic not real reason for sacking: FWC

The FWC has awarded almost $25,000 to a former nightclub bookkeeper after finding that the company did not sufficiently remove her ex-husband and majority owner from the decision to sack her for mistakenly posting a t-pless photo in a workplace WhatsApp group.


First RtD ruling finds "pressure" did not breach rights

An employment court has found that an employer did not breach a worker's right to disconnect when it pressed her to respond to "unreasonable" out-of-hours communications that included TikTok videos about her social life, in the first ruling on the untested provisions.


Aged care provider mis-counting "care minutes": Union

The nursing union is prosecuting an aged care provider it accuses of over-counting the "care minutes" that are a key part of the Albanese Government's reforms to lift standards in the sector.


Worker blameless after AMWU pulls out: FWC

A worker's one-day-late general protections claim can proceed, after the FWC accepted that the AMWU's withdrawal from representing him just two days before the filing deadline left him "temporarily incapacitated".


Volunteer's contribution made him an employee: Court

The NSW Industrial Court has found that a worker who started out as a "volunteer trainee" had been an employee and should have been paid, because he worked regularly and "meaningfully contributed" to the business.


Miner entitled to refuse parental leave extension: FWC

The FWC has backed Whitehaven Coal's refusal to extend unpaid parental leave for a data reporting specialist, in a landmark decision referring to her "bespoke knowledge" and psychological concerns for colleagues dealing with burgeoning workloads.


Gender not a factor in sacking: Court

A court has thrown out a worker's claim that his employer denied him a chance to defend allegations of intimidating a manager because "society today suggests that a female's word is true", finding instead that it sacked him because of performance issues.


Litigant sent "back to drawing board" over AI concerns

In a case highlighting the judicial system's concerns about self-represented litigants using artificial intelligence, a judge has binned a neurophysiologist's "prolix" 191-page statement of claim and ordered her to "permanently delete" confidential information obtained from her former employer, partly out of fears it could find its way into the public domain if she is feeding it into AI.


Action urged as Woolies cleared of bullying

The FWC has found that Woolworths' managers did not bully an employee when it put her under "undue pressure" as it sought to lift her department's performance, but suggested the retail giant undertake "more proactive intervention" to address issues in the workplace.


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