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Employer's inaction can provide basis for adverse action: Court

A court has struck out pleadings by an ASX-listed investment company's portfolio manager that his employer's "privileged" conduct in an FWC conciliation conference breached adverse action provisions, while confirming inaction can also fall foul of them.


Damages for hurt feelings after "callous" sacking

A tribunal has awarded $3000 for injury to the feelings of a worker who changed careers as a result of her employer's threats when it "callously" dismissed her, then locked her out.


I wouldn't be facing sack if female: Manager

A Viva Energy manager who claims a female colleague sexually harassed him after he took her back to his hotel room while she was intoxicated is accusing his employer of discriminating against him, as it would not consider sacking him if he was a woman.


Court heads off CFMMEU's subterranean turf bid

The CFMMEU has failed in an interlocutory court bid to enter tunnelling sites at Brisbane's $5 billion Cross River Rail Project, in the midst of a demarcation dispute with the AWU.



Biden's vax mandate; WA PS pay review; & more

Biden mandates vaccinations for large employers; WA brings forward review of public sector pay cap; and Tribunal rebuffs labour hire inspector's promotion appeal.


"Settle or face referral to watchdog", firm tells lawyer

A law firm that said in correspondence it would refer complaints and CCTV footage to the Legal Services Commission if a lawyer did not settle her adverse action claim against it must hand over emails about the letter and her case after a court held it cannot rely on privilege.


Pandemic savings drove outsourcing move: Qantas

Qantas, in its challenge to a crucial recent Federal Court adverse action ruling, says its sole motivation for outsourcing the jobs of about 1700 ground crew was its lawful commercial reason of saving $100 million a year during a global pandemic.


NDIA not guilty of unlawful adverse action: Court

A court has held that a senior National Disability Insurance Agency HR and safety executive who accepted a "very significant financial inducement" to retire early had not been subjected to unlawful adverse action due to his alleged protected disclosures and employment disputes, finding him the "unfortunate victim of a restructure".


Labour supplier ordered to correct potentially misleading statements

An ASX-listed supplier of NBN and Optus technicians must post corrective notices giving workers a chance to opt back into a major class action, after the Federal Court held it made statements likely to mislead workers on risks posed by its cross claims and a finding that they are employees.


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