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Law firm to split indemnity costs after "extraordinary" failure

Lambasting a law firm's "extraordinary" failure to give an unfair dismissal applicant an assessment of his prospects of success, the FWC has found them equally liable to pay employer Prosegur more than $9000 in indemnity costs.


Sacked climate critic subject to conduct code: Full Court

An academic sacked after criticising climate research is considering a High Court challenge after a full Federal Court quashed a finding that James Cook University's code of conduct is "subordinate" to intellectual freedom protections.

"Manipulation" risk in reversing virus pay cut: FWC

An employer that cut a manager's wages by 15% due to COVID-19, but then restored her old rate when it made her redundant, has failed to establish that her pay exceeded the high-income threshold because to do otherwise would allow "manipulation" to deny her the chance to challenge her dismissal.

Qantas seeks court's guidance on JobKeeper obligations

Qantas has launched a Federal Court case against the FAAA to clarify whether it can keep paying fortnightly penalty rates in arrears while receiving JobKeeper, as the ASU accuses it of "stealing" by counting them against the wrong top-up period.

Full court fuels questions over independent contractors

A full Federal Court led by Chief Justice James Allsop has expressed disquiet about how employment relationships involving labour hire companies and the rising gig economy are assessed, noting that only respect for decisions by other appeal courts prevented it reaching a different conclusion about a backpacking labourer's status.

Valid to sack worker whose threats invoked serial killer Milat

A business that "outgrew" its informal HR processes got its fingers burnt when a young employee's welfare became endangered by its tolerance of the escalating misconduct of a worker who threatened to give him "the Ivan Milat treatment", the FWC has found.

"Impracticability" of sanitising a koala led to redundancy: FWC

The "obvious impracticability" of sanitising a koala helped to justify a pandemic-affected wildlife sanctuary's decision to make redundant a worker responsible for co-ordinating photographs of visitors holding its main attraction, the FWC has found.

Contracted drivers are employees: Full court

In a significant ruling on the standing of independent contractors, a full Federal Court has upheld an appeal by two truck drivers pursuing unpaid leave and superannuation entitlements after working exclusively for a multinational company for almost 40 years.

Fortescue, Atlassian push for share scheme changes

The major iron miner Fortescue Metals has called for the income tax exemption ceiling for employee share schemes to be lifted from $1000 to $5000, arguing the cap is too low to provide a "meaningful incentive".