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Bench overturns "indecent" clothing ruling

The SDA's campaign to stop employers from compelling workers to dress in revealing clothing has received a boost after a FWC full bench ruled the union was denied natural justice when it sought to change the Hair and Beauty Industry Award to prohibit the practice.

Oracle case sets new standard for sexual harassment compensation

In a watershed anti-discrimination ruling, a full Federal Court has found community standards now demand higher compensation for non-economic loss in s--ual harassment cases, and has increased a former Oracle manager's overall damages award from less than $20,000 to $130,000.


Bench rules out conflict of interest

A Fair Work Commission full bench majority has found that an employee of The Body Shop did not breach her employment contract by working as an independent contractor for another retailer, and was unfairly dismissed when she refused to terminate the engagement.

Serial fraudster pockets nearly half a million

In what four judges agree is an "extraordinary case" involving a "spectacularly bad witness" and a "serial fraudster", a Swan Hill shop assistant will keep almost half a million dollars in back pay and interest after a full Federal Court confirmed that she had not agreed to work for nothing.

Bench backs employer's right to nominate doctor

BHP Coal was entitled to direct a boilermaker to attend an appointment with a company-nominated physician to determine whether he was fit to return to work, and to then terminate his employment when he refused to go, a Fair Work Commission full bench has ruled.

Full Federal Court weighs up Toyota "no extra claims" clause

Toyota's best chance of overturning last year's ruling that stopped its employees voting on the company's proposed changes to its Altona enterprise agreement appear to rest with its argument that the "no extra claims" clause in the deal is directly inconsistent with the Fair Work Act, after other appeal grounds fell away in argument before the full Federal Court yesterday.

"Inconsistency" no basis for new appeal mechanism: Ross

There is "no substance" to the claims of inconsistent FWC decision-making that have underpinned calls for an independent appeal mechanism, according to the tribunal's president, Justice Iain Ross.


NSW wages cap includes super, appeal court rules

The NSW Government has had a victory in its long-running battle to include compulsory superannuation increases within the public sector 2.5% wage cap, after the State's Court of Appeal quashed last year's IRC ruling that the wages cap only applied to Commission-awarded increases.