Browsing: Sector

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"Amorphous" adverse action claims scuttle case

A chief financial officer who made exaggerated claims to "shoehorn" them into adverse action provisions has failed to establish that his complaints about homophobic jibes and supposedly illegal accounting practices led to his unlawful sacking.


First unfair termination case hits roadblock

In the FWC's first ruling on new laws enabling road transport contractors to contest termination, the FWC has ruled that a director of a delivery company cannot make a claim because he did not perform a "significant majority" of the work, delegating it to others instead.



Big costs order against paid agent

A paid agent from the "school of hard knocks" is facing a costs bill of almost $30,000 after an employer racked up unnecessary legal expenses due to his unreasonable handling of a worker's unfair sacking case.



Peabody locks out mineworkers for a week

The MEU says its members at a Peabody underground coal mine near Wollongong have been "blindsided" by the the company's week-long lockout of 160 mineworkers, saying it is a disproportionate response to limited protected action.


Rio urges FWC to throw out Paraburdoo bargaining bid

Rio Tinto is pushing the FWC to reject the AWU's majority support application for the company's Paraburdoo iron ore mines, arguing that the union doesn't have the numbers and has failed to clearly define the scope of its proposed agreement.


"Retention payment" doesn't count towards income cap

The FWC has cleared the way for a project manager to pursue his unfair dismissal claim after finding his retention payments do not push him above the high-income threshold as they are not "earnings".


FWO suffers rare fail mark in university case

In a significant ruling on calculating academics' payments for time spent marking course work, a Federal Court has found the FWO's compliance notice served on an allegedly underpaying private university "bad at law".


Aldi admonished for heavy-handed approach to late case

A judge has criticised Aldi for adopting an "unnecessarily technical position" against a self-represented worker but ultimately rejected his bid for a six-month extension to file a general protections claim, after finding he falsified medical evidence.


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