Browsing: Sector (3,360 items)

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Judge ejects from full bench after Saudi objection

Saudi Arabia's Australian cultural mission has succeeded in sidelining a Federal Court judge from sitting on a full bench that is reviewing whether it is protected by diplomatic immunity from underpayment claims brought by 45 former employees.


FWC bench sets out "proper approach" to dismissal cases

A FWC full bench has dived into the legislative intent behind several key Fair Work Act provisions to find that a presidential member should have determined whether Corrections Victoria "in fact" dismissed a prison officer when it demoted and transferred him, instead of making her extension of time decision on the "assumption" it sacked him.


Apparent bias empowers FWC: Bench

A FWC full bench has ruled that Victoria's fire chief displayed an appearance of bias when he decided to suspend two workers for allegedly accessing private work emails at United Firefighters Union Victorian branch secretary Peter Marshall's request.


Court throws out FWC bias claim

In a significant finding on the integrity of the workplace umpire, a judge has ruled that a former union organiser and Labor MP rightly decided against recusing herself from hearing a same-job, same-pay application despite having described similar labour hire arrangements as a "rort" in Parliament.


Qantas subsidiary finally lands IBD

Days after the High Court refused permission to appeal a key decision recognising standby duty as paid work, a FWC full bench has weighed its implications for a Qantas subsidiary's long-awaited intractable bargaining workplace determination.


Control key to finding s-x worker an employee: FWC

The FWC has found that a s-x worker is an employee rather than an independent contractor, because of the significant degree of control the employer exerted over her work, including requiring her to maintain an "immaculate" appearance with styled hair, make-up, lingerie and heels.


Uber contract test not about "speculative grievances": Driver

A self-represented Uber driver has fired back at attempts by the rideshare company to have the FWC throw out the first substantive test of its new unfair contracts powers, arguing that his application is based not on "desired terms or speculative grievances" but on "realworld" experience.


Transpacific games tester an employee: FWC

A US video game company that told a senior FWC member "I wish the United States was as diligent as you guys" about unfair dismissals has been ordered to reinstate an Australian-based tester, after the tribunal applied the new "practical reality" test for employment relationships.


"Reckless" car chase warranted sacking

A surveillance operative has lost his unfair sacking case against Victoria's anti-corruption watchdog, after the FWC found his dangerous pursuit of a vehicle during a stakeout and his "dishonest" post-incident report provided two valid reasons.


No secondary line of defence in sacking process: Court

A judge has slapped an $8000 penalty on a major Commonwealth department after expressing astonishment that it does not have a "human or technological" system in place to ensure it pays dismissed employees their correct entitlements.


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