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$2m adverse action case puts uni tenures under microscope

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.

No LSL obligation for employees who mostly worked overseas

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.

Recusal refusal for worker accused of staging fall

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.

"On-demand" award's scope too narrow: Academics

A trio of IR academics has warned the FWC that Menulog's bid to establish a landmark award for food-delivery gig workers would end up covering "very few" employees.

Court reduces shortchanging fine due to lockdown impacts

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.

ABCC's picketing claim crossed the line: Judge

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".

Moses weighs in on mandatory vaccinations

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.