A Federal Court judge has affirmed the primacy of federal over state laws in determining that NSW workers compensation caps did not shackle the amounts he could award to a long-serving manager whose life was "effectively destroyed" by a new chief executive.
In a significant decision clarifying when the FWC can deal with unlawful dismissal matters, a four-member bench has upheld a finding that a bookstore worker alleging discrimination after being sacked for refusing to wear a mask needed to prosecute her case in court.
A former Greenwoods & Herbert Smith Freehills partner is suing the advisory firm for $13 million after claiming that it constructively dismissed him for questioning major client Lendlease's "aggressive" approach to tax on several projects.
The Federal Court has ordered a case be retried after finding the chair and temporary chief executive of a large charity were not afforded a chance to properly challenge a ruling that they conspired to oust a problematic finance team member caught up in divisive internal politics.
In a rare Federal Court ruling on reasonable additional hours, a large employer faces penalties for numerous Fair Work Act and award breaches after being found to have employed a recently-arrived "third-world" migrant on a 50-hour week in which shifts began at 2am.
Sydney Water has failed to quash a FWC finding that clears the way for a former employee whose image was used in a suggestive OHS poster to pursue more than $1 million in damages on the basis its botched response forced her to resign.
The TWU has vowed to fight for a substantial compensation package for almost 2000 former ground handlers and Qantas says it will appeal after a full court upheld a finding it took adverse action by outsourcing their roles, but refused to order reinstatement.
Qantas has failed to overturn a Federal Court adverse action finding over its shunning of a TWU in-house bid when the airline decided to outsource the work of 2000 ground-handlers.
"Diffuse" employment-related decision-making processes in sprawling corporations pose a particular challenge for those trying to establish they have been dismissed for prohibited reasons, according to a federal court judge.
