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High Court rules unions can represent "eligible" non-members

The High Court has confirmed that unions are entitled to run underpayment and other contravention cases for un-named classes of employees who are eligible for membership but are not members, paving the way for a pilots union to advance an adverse action claim on behalf of Regional Express cadets.

Court rejects bid to derail adverse action claim

A manager's adverse action claim against a not-for-profit enterprise set up to create a railway tourist attraction is on track, after a court found its substantial, non-peripheral commercial activities characterised it as a trading corporation.

Fahour says he was protecting manager, not pandering to union

Former Australia Post chief executive Ahmed Fahour says he was acting out of concern for his national compensation manager's welfare rather than acceding to union demands when he sacked him and shut down his cost-saving project the same day he received a call from an "angry" union leader with whom he'd previously had hostile exchanges.


Court throws out obese worker's adverse action claim

The Federal Circuit Court has rejected the adverse action claim of an obese security officer who accused his employer of unfairly targeting him, transferring him to a position he physically could not perform in another city and then sacking him because he challenged a proposed enterprise agreement.

CSL immune to misleading conduct, adverse action claims

An operations director who claimed a biotech giant offered her a job "until retirement" has failed to establish that it engaged in misleading and deceptive conduct or that it took adverse action by retrenching her the following year.

Sacked anaesthetist seeks to resuscitate her job

A specialist anaesthetist is pursuing a public health service for reinstatement and damages, claiming her summary dismissal breached adverse action provisions, the enterprise agreement and her employment contract, costing her $40,000 a month in lost remuneration.

Complaint played no part in redundancy selection: Court

A Gorgon LNG project worker has lost his adverse action bid after a court found his complaints about offensive and racist conduct played no part in an HR manager's decision to make him redundant.