An academic's $2 million adverse action case against a university's HR department has been transferred to the Federal Court, a judge observing that its outcome has "significant" implications for the tertiary sector's ability to scrap tenured positions funded by endowments.
A digital marketer has been cleared to pursue her adverse action claim after the FWC dismissed an employer's contention that her billed hours exceeded those reasonably expected of a "millennial with quick reflexes".
An appeal court has found that international IT company Infosys had no obligation to pay long service leave to employees who claimed the entitlement after they worked for it in Australia for less than three years but up to a decade in India and elsewhere, finding they didn't meet the "continuous service" threshold under State legislation.
A FWC member has declined to recuse herself from hearing the unfair dismissal claim of a public servant accused of staging a workplace fall, rejecting accusations she prejudged the worker as guilty and aggressively pushed her to accept a settlement.
A court has accepted that it should impose a reduced underpayment penalty on an employer and its director because last year's extended coronavirus lockdown in Melbourne significantly reduced the size and financial resources of the business.
A Federal Court judge has set a limit on the construction watchdog's use of anti-picketing laws to bring unions to heel, observing that "while picketing involves obstruction, not every obstruction is a picket".
Former Australian Law Council president, barrister Arthur Moses SC, has attempted to offer employers some clarity on whether they can mandate worker vaccinations by highlighting a recent FWC case he describes as "highly instructive" when considering how to approach what he concedes is a difficult question.