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Underpayment claim shouldn't stop reinstatement, but appeal fails

A FWC full bench has ruled that in assessing whether reinstatement is appropriate in an unfair dismissal case, the tribunal should not take into account any ill-will arising from continuing legal proceedings between an employee and an employer.


Court upholds conviction for stealing iPads from employer

Insufficient clarity about whether a salesperson, jailed after being convicted of defrauding his employer, was being paid a salary or only commission on sales, has partly contributed to him winning a retrial over his falsification of invoices to fraudulently obtain $18,000.



CEPU fails in costs claim against sacked employee

The CEPU's delay in raising a jurisdictional objection has thwarted its bid to recoup legal costs from an employee who pursued an unfair dismissal claim despite earning more than the salary cap.


Bench revokes permits after FWBC challenge

A Fair Work Commission full bench has revoked entry permits issued to two CFMEU officials after ruling that the general manager's delegate failed to properly apply the "fit and proper person" test under the Fair Work Act.


Former employer obliged to pay severance: Bench

A Fair Work Commission full bench has overturned the denial of NES redundancy pay to 49 security industry workers, finding that their former employer had not "obtained" new employment for them after losing a major contract.



Vote looming on GM Holden closure agreement

Workers at GM Holden will vote on Friday on a new enterprise agreement that provides substantial redundancy arrangements ahead of the closure of the company's Australian manufacturing operations by the end of 2017.


Asmar's HSU challengers ruled ineligible

The challengers' ticket in the HSU Victorian No 1 branch election has been given seven days to find new candidates for the two leadership positions after the Federal Court today ruled that Jamie Martorana could not run against Diana Asmar for the secretary position and Jayne Govan was ineligible to nominate for assistant secretary.



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