The Federal Circuit Court should have let a dismissed employee correct the name of her employer in a general protections claim even though it was wrong on the FWC's s368 certificate, the Federal Court has ruled.
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.
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.
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.
A CFMEU shop steward took adverse action against a painter when he first grudgingly permitted and then subsequently refused him access to a site because he was behind in his union dues, a court has found.
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.
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.
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.