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Court finds advisor and employer took adverse action

The Federal Court has found a childcare centre breached federal adverse action laws by sacking a worker for recruiting union members during an industrial campaign, rejecting its claim it dismissed her for reasons including bullying and harassing a colleague who wouldn't join up.


Government makes five judicial appointments

Western Australian Supreme Court judge James Edelman will fill the Federal Court vacancy left by Justice Peter Jacobson's retirement, while the Federal Government has also appointed four new Federal Circuit Court judges.


DP World seeks help as MUA notifies more strikes

DP World has sought Fair Work Commission assistance in the deadlocked bargaining round at its container terminals, as the MUA gave notice of more strikes next week.


Court orders multi-million HSU repayment; Thomson decision Monday

The NSW Supreme Court has ordered former HSU East purchasing officer Cheryl McMillan and the director of a company that supplied goods to the branch at inflated prices to each make multi-million dollar repayments to the union.


John Holland fails in FIFO tax claim

John Holland Group has failed in its Federal Court bid to have the travel costs of a group of FIFO employees declared a tax deductible expense.



Heavy-handed treatment not bullying: FWC

The Fair Work Commission has ruled that a childcare worker who received "heavy handed" treatment from her boss and intolerance and low-level anger from a colleague was not bullied under the Fair Work Act, but has recommended that the employer improve its performance management process.


Drunk the morning after not gross misconduct: Court

A state manager sacked for being drunk at a staff training conference the morning after a work-related function has won $296,650 in damages, after a court took into account his company's approach to drinking in finding his behaviour did not amount to gross misconduct.


After Barker, lawyers turn to implied duty of good faith

Employee lawyers are reframing contract of employment claims to include a duty of good faith in the wake of the High Court rejecting an implied duty of trust and confidence, but face an uphill battle to entrench the principle in Australian law, according to some senior academics.



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