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Sacked assailant fails in adverse action claim

The Federal Circuit Court has rejected a worker's claim that she was dismissed because she refused to work overtime with a co-worker rather than because she had assaulted her several months before.


Offer not acceptable alternative, no scope to reduce payout: FWC

The Fair Work Commission has awarded full redundancy pay to a general manager who lost his position after his company acquired another firm, ruling that an offer of a different senior role at the same salary level was not acceptable alternative employment.


Reinstatement must be unconditional: Full bench

In its first full bench examination of the Fair Work Act's reinstatement provisions, the FWC has ruled it has no power to attach conditions to orders returning dismissed workers to their jobs.


Prisoner unable to perform his job: Full bench

In a decision that considers the relevance to his employment of a public servant's conduct outside working hours, a Fair Work Commission full bench has ruled that the ATO had a valid reason to dismiss him because his incarceration meant he couldn't carry out his role.


Inside job: Former FWC deputy president takes hatchet to tribunal

Just months after retiring as a senior Fair Work Commission member, Brendan McCarthy has launched an extraordinary attack on the tribunal's role and operation, claiming it is not the appropriate body to establish minimum standards, its members lack economic competence, and it misallocates resources.


Late wages "penalty" can be included in modern awards: FWC

A four-member Fair Work Commission full bench has ruled that the tribunal has the power to insert in modern awards a provision penalising employers for late payment of wages, but has left it to another bench to decide next week whether the proposal has merit.


ABCC Bill facing defeat

The Coalition's bill to re-establish the ABCC looks doomed in its current form, with two cross-bench senators already telling Parliament they will vote against it and at least one more set to do the same.


Employer's handling of bullying complaint "reasonable": Court

A university did not breach a lecturer's employment contract or its duty of care by failing to make progress with complaints he lodged against his superiors under the institution's grievance policy, a court has ruled.



Full bench overturns "clearly inadequate" compensation

A senior Fair Work Commission full bench has ruled that when assessing compensation in an unfair dismissal case, the tribunal needs "cogent evidence" to find that an employee would have been summarily sacked within a short period if the original termination of employment had not occurred.


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