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Stand downs shifted COVID-19 economic risks to workers: Paper

The Fair Work Act's stand down provisions enabled employers to shift the pandemic's economic risks to employees, according to new analysis by IR law experts Anthony Forsyth and Andrew Stewart, who also say legal uncertainty about the provisions could imperil the stand down strategies used by companies such as Qantas as business gradually resumes.

FWC opens consultations on anti-harassment regime

The FWC has today launched a consultation process for its new anti-s-xual-harassment jurisdiction, which starts operating from November 11, while it has also published a benchbook on the regime.

Worker reinstated after employer's "grossly disproportionate" action

The FWC has ordered NSW Trains to reinstate a health and safety representative who told his supervisor to "get f-cked" and said he was trying hard not to punch him in the face, while it has pilloried the employer for adopting a "grossly disproportionate" approach to his outburst after ignoring his concerns.

Rapid FWC response crucial in COVID-19 survival strategy: Paper

Australia had less need than other countries to turn to legislation to provide short-term workplace flexibility in response to COVID-19 because of "swift" and "bold" yet self-restrained interventions by the FWC, according to new research.

RFS told to reconsider stressed veteran's leave request

A tribunal has ordered the NSW Rural Fire Service to revisit its rejection of a senior manager's request for a year's leave to recover from the devastating 2019-20 bushfire season, while acknowledging concerns about a leadership void for the approaching summer and urging it to extend its search for a temporary replacement.

WFH shift should spur reform of flexibility request rights: Study

The insights gained from the rapid shift to working from home during COVID-19 could lead to the adoption of a "genuine consultation" requirement under the Fair Work Act's "right to request" flexibility that might start "a conversation aimed at reaching a mutually suitable arrangement", according to a new paper by two leading IR academics.

HR manager gaslighted me: Claim

An aged care facility manager accusing a HR manager of "gaslighting" her by failing to reveal she was being investigated claims she returned from leave to find a complaints meeting underway in her own office.

Costs against "impossible" delegate who sought $500K settlement

A RTBU delegate dismissed after managers found him "impossible" to deal with has been ordered to pay his employer's costs of defending his unsuccessful adverse action case, in which a judge found he unreasonably rejected settlement offers despite clear evidence he would never be reinstated.

Mining vax mandate; Rioters facing expulsion; & more

Vaccination mandate for WA resources sector; CFMMEU preparing to expel rioting members; FWO claws back underpayments for hotel quarantine security guards; High Court to consider jurisdictional question.