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CFMEU wins FIFO adverse action case in High Court

In a big win for the CFMEU and other unions covering fly-in, fly-out workers, the High Court has this morning overturned lower court rulings that an employer's decision to remove accommodation from four striking employees was not adverse action because it was authorised by the Fair Work Act's strike pay provisions.



FWC refuses to admit covert recordings into evidence

The Fair Work Commission has refused to allow a worker to put recordings of two meetings she had with her managers into evidence to prove that she was dismissed and did not resign, ruling that they were most likely obtained improperly or in contravention of the law.


Consistent application of drug policy has contractor in the clear

A WA refinery maintenance worker who failed a drug test and then provided a second sample at "the last possible minute" that was too dilute to be conclusive was not treated differently to other employees who returned positive tests, and has therefore failed to convince the Fair Work Commission that he was unfairly dismissed.


Public servant fights for her right to Tweet

The Federal Circuit Court has ruled that there is no unfettered right to freedom of political expression in dismissing a federal public servant's application for a declaration that any finding that she had breached the APS code of conduct for tweeting her opinions would breach her implied constitutional rights.




Court issues two-year restraining order against Metcher

The Victorian Magistrates Court has issued an order restraining NSW CEPU (postal and telecommunications) branch secretary Jim Metcher from having physical contact with a factional rival for two years following an alleged incident at an Australia Post bargaining meeting.


Victims of Virgin cultural shift win nominal damages, but lose on most fronts

In a Federal Circuit Court decision that outlines the significant cultural shift at Virgin Blue Airlines following the appointment of chief executive John Borghetti in 2010, two former public affairs employees have been awarded minimal compensation after their adverse action cases were largely rejected.



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