A court has dismissed an attempt by six former Patrick Projects employees to win an interlocutory injunction stop its takeover while they sue it and parent company Asciano for allegedly failing to adhere to an employment agreement and deed.
The FWC has rejected a construction of the statutory "effective representation" test argued by a dismissed employee seeking to have a lawyer appear for him in the Commission, because it would set the bar too high even for "experienced industrial advocates and lawyers".
A court has made it clear that employers can be obliged to provide reasonable notice beyond requirements in the NES, in an adverse action case triggered by a general manager's sacking for comments about a major client's pregnant wife that "when you have a baby your wife is ripped from asshole to c--t and it never looks the same again".
The Australian Industry Group has asked the Fair Work Commission to expressly reject a recent majority finding that redundancy payouts must include regular casual service.
An accountant suspended and sent on "home leave" for his failure to honour a sale of business transaction and misdirecting company funds will receive seven months' salary because his employer failed to formally dismiss him, the Victorian Supreme Court has found.
BHP Coal satisfied consultation obligations in its enterprise agreement after announcing it would shed hundreds of jobs across four central Queensland coal mines in 2014, even though it had already reached a decision to offer voluntary redundancies, the Federal Court has found.
In a novel ruling, an FWC full bench has ruled that an on-hire worker no longer had the capacity to perform his job once a labour hire provider acceded to a host employer's demand to end his placement.
The Fair Work Commission has emphasised that employers conducting drug tests are not complying with best practice if their managers take samples from employees they directly manage.
The Fair Work Commission has granted an interim order to stop DP World from requiring its stevedores at the Port of Melbourne to take on the new task of mooring and un-mooring ships.
The FWC has found it reasonable for Coles Group Supply Chain Pty Ltd to dismiss a worker who tested positive to cannabis but claimed to have consumed it outside what he believed to be the "window of detection".
