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Employer wins limited use of lawyers

The FWC has granted an employer legal representation for its jurisdictional objections to a rostering dispute lodged by a self-represented employee who alleges in another case that he was sacked after challenging a proposed enterprise agreement.

Court fines union, delegate for enforcing closed shop

The Federal Court has ordered the CFMEU and a delegate to pay almost $100,000 in penalties for the coercion involved when he prevented a subcontractor's employee from working on a job because he wasn't a union member.

Race-based underpayments a new prosecution frontier for FWO

In the FWO's first underpayment prosecution relying on race discrimination prohibitions in the Fair Work Act, a court has found a Tasmanian hotel and its manager deliberately short-changed a head chef and kitchen hand and expected them to work long hours, six days a week because of their Malaysian nationality and Chinese race.

WTF? Court rejects misleading conduct claim

The Federal Circuit Court has rejected a highly-paid employee's claim that a media business engaged in misleading and deceptive conduct when it told her that if she won a role with the company it would be "long term".

PM&C says it reversed adverse action against cancer survivor

The Department of the Prime Minister and Cabinet has admitted it took adverse action by docking the personal leave of a director it placed on indefinite leave following a long absence for cancer treatment and surgery, but says it reversed it before her general protections proceedings started.

Court finds CFMEU guilty of coercion at Gorgon project

The Federal Court has found the CFMEU knowingly concerned in a WA official's adverse action and coercion when he last year told Gorgon LNG project workers he would put non-members' names on toilet doors "to let everyone know who you f-cking dog c-nts are".

Judgment awaited on whether transfer was adverse action

A court has reserved judgment on an obese security officer's adverse action claim in which he accuses his employer of transferring him to a position he physically could not perform in another city and then sacking him to stop him after he challenged a proposed enterprise agreement.

High Court reserves on union representation case

The High Court has reserved judgment after this week hearing regional airline Rex's challenge to a union's entitlement to represent the industrial interests of eligible non-members as it pursues an adverse action claim on behalf of cadet pilots and prospective employees.

Prime Minister's department accused of demoting cancer survivor

The Department of the Prime Minister and Cabinet has agreed to enter into mediation with an employee who accuses it of taking adverse action by suspending and demoting her and directing her to take indefinite leave following a long absence for cancer treatment and surgery.

Employer took adverse action against worker it shunted: Court

A court has found that a rail freight company took adverse action against a train driver when it derailed his progress towards a more lucrative role after he refused to alter a shift, citing primary carer responsibilities and fatigue.