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Terminally-ill employee wins adverse action claim

The owner of an automotive panel beating and spraypainting business has been ordered to pay compensation for taking adverse action, after he dismissed an employee in an attempt to deny him his "substantial" paid personal leave entitlements while he was undergoing cancer treatment.



CFMEU court win forces building code back down

In two decisions underlining the broad reach of the Fair Work Act's general protections provisions, the Federal Court has dealt a major blow to the Victorian Government's controversial construction procurement regime, finding its enforcement of the policy breached adverse action and coercion laws.


Elderly accountant fails in adverse action claim; and more

Unsuccessful adverse action litigant might have been better off pursuing unfair dismissal claim; CFMEU to pay half of costs for unsuccessful entry challenge; Injunction against consultant might affect visa status.


Redundancy constituted unlawful adverse action, Federal Court finds

The Federal Court has warned employers against using sham redundancies for "getting rid of an undesired employee", finding a university took unlawful adverse action when it dismissed an academic who fell out with her head of school - rejecting its argument that it made her redundant for financial reasons.


Union membership up slightly, but density down

Unions gained 6,000 members in the 12 months to August last year, but growth failed to keep pace with the size of the workforce, so density fell from 18.4% to 18.2% overall and from 13.2% to 13% in the private sector, according to the ABS.



Coalition mistaken in putting FWC at heart of IR system: Barrister

The Coalition has wound the clock back 20 years with its promise that the Fair Work Commission will arbitrate greenfields deals - effectively making "paid rates industry awards" - if agreement can't be reached, barrister Stuart Wood SC told AMMA's national conference yesterday.



Employer groups refuse to back Queensland IR changes

Peak employer group CCI Queensland has come out against the State Government's bill to stiffen regulation of organisations, because it is "ill founded" and likely to stifle democratic debate and entangle unions and employer organisations in red tape.


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