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Mining majors reveal extent of sexual assault, harassment

Resources giant BHP has told a WA parliamentary inquiry that it has terminated six employees for sexual assault and 48 for sexual harassment in its mining operations across the State over the past two years, while Rio Tinto has substantiated one sexual assault and 29 sexual harassment cases in its WA FIFO operations since the start of last year.

Police escort for lawyer claiming employee status

A graduate lawyer who proposed the terms of his legal supervision arrangement has failed to persuade the FWC he was an employee when the firm allegedly sacked him three times before having him escorted from its office by police.

No recusal for FWC member after "something fishy" claim

A senior FWC member has declined to step aside from hearing a resuscitated case involving the Commission's own email fail, covert recordings, a threat to kill and an alleged extortion attempt.

Tribunal chips "point-scoring" lawyers

The FWC has criticised the lawyers of an unfair dismissal applicant and his former employer for "point scoring" conduct falling foul of professional conduct rules, while rejecting the latter's costs bid and claim it did not sack the worker despite announcing his redundancy.

$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.


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.

Manager's 10% pay cut was a dismissal: FWC

A decision by NSW Trains to discipline a manager by shaving almost 10% off his annual pay constituted a dismissal even though he remains in the job and such action is allowed by its agreement and governing regulations, the FWC has held.

Reinstatement for worker made an "example"

The FWC has redrawn an employer's "line in the sand" over the use of mobile phones while driving forklifts, ordering it to reinstate and compensate a worker after concluding he was harshly sacked for a first safety policy breach.

Indemnity costs against worker who made "meritless" claim

The FWC has ordered indemnity costs against a financial advisor held to have pursued a "meritless" unfair dismissal application nine months after resigning and a vexatious appeal because he believed his former employer was backing out of a separation deal.