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Wide McDonald's injunction a boon for employers

A sweeping injunction issued by the Victorian Supreme Court against community protesters opposing the development of a McDonald's restaurant in Melbourne's eastern suburbs could serve as a template for employers seeking to remove unlawful pickets in the future.


Star casino challenges reinstatement of sacked dealer

Sydney's The Star casino is challenging a Fair Work Commission ruling that it unfairly sacked a long-serving dealer for misconduct, and is today seeking to stay his reinstatement until the appeal is decided.


Billson takes first step on independent contractors

New Small Business Minister Bruce Billson has already had discussions with Treasury officials on sticking "to the letter of the law" in determining whether someone is an independent contractor or employee, and intends to hold similar discussions with other agencies and departments.


Legal round-up: Judge rejects "scandalous" bias claims; & more

Judge says Woodside engineer's accusations "scandalous"; No-case submissions OK in unfair dismissal cases, FWC rules; Federal Court refuses stay in agreement challenge; & CFMEU WA construction secretary slams Burrup fines.


Refusing unlawful directions not exercising workplace right: Court

An employee sacked for refusing to carry out directions he claimed would put him in breach of state law has lost his adverse action case, with a court ruling that while he was entitled to refuse to perform the work, he was not exercising a workplace right.



Intimate text messages between consenting adults ruled inadmissible

Sexually explicit text messages between two colleagues in a relationship were found to be inadmissible in an adverse action case because it couldn't be concluded that the "author would be likely to replicate in the workplace the content, tone or subject of text messages which were indisputably intended to remain private".


MUA closed shop is adverse action: Federal Court

The Federal Court has found that the MUA took unlawful adverse action by enforcing a closed shop at an offshore oil and gas labour hire company and closing its books on a couple seeking jobs there.


Split decision allows paramedic to have case reheard

A Fair Work Commission full bench has allowed a paramedic who was sacked for delaying a response to a car accident until his shift replacement arrived to challenge the finding that his dismissal was fair, despite a strong dissenting ruling from one of the tribunal's most senior members.



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