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FWC declines to stay case of three-week CEO

The FWC has refused to stay consideration of another case caught up in the High Court's current slate of matters examining employment status, finding that a former chief executive of just three weeks would be unfairly prejudiced if his adverse action claim was delayed.

Director's criticism overheard in bathroom: Employer body

WA's peak employer body says COVID-19 prompted it to extend the probationary period of a commercial services director instead of sacking her, before she allegedly shared details of a confidential performance discussion while criticising colleagues in the workplace toilets.

Judge's reasons "a disordered stream of consciousness"

A full Federal Court has ordered a retrial of a recruitment company employee's adverse action case, finding a Federal Circuit Court judge failed to provide adequate reasons for throwing it out.

Courtroom "theatre" best for assessing witnesses: Judge

A judge weighing the pros and cons of conducting an adverse action trial via Microsoft Teams has decided to delay it until he can assess witness credibility in person, in a courtroom providing its "own chemistry and theatre".

Worker's quest for employee status fails a third time

The self-described former general manager of a "car solutions" company has failed at his third attempt to persuade a court that he was an employee rather than a contractor, a judge observing that it nowadays takes little more than a laptop to conduct a "modest" business within a business.

Lecturer wins 'cancel culture' appeal

In a significant ruling on academic free speech, a university lecturer has been given a second chance to challenge his sacking for superimposing a swastika on an Israeli flag after a full Federal Court found insufficient weight had been attached to an agreement's 'intellectual freedom' clause.

Employer scrapped bonus without telling me, claims manager

A general manager who claims he was retrenched after assisting enterprise agreement negotiations while on secondment accuses offshore services company Smit Lamnalco of shortchanging him $84,000 by ditching a loyalty bonus scheme without telling him.

Qantas fails to narrow scope of outsourcing judgment

The Federal Court has today declared that its ruling last month in favour of a TWU adverse action claim against Qantas over the outsourcing of ground handling at 10 ports applies to all employees, not just union members.

Club draws fire over manager's alleged "home for life"

A pistol club manager who claims its directors promised to house her in an onsite motor home "for life" is accusing them of underpaying her for more than a decade and threatening to sack and evict her when she sought her full entitlements.

Employer organisation facing adverse action claim

WA's peak employer body is being sued by its commercial services director, who among other charges claims that its chief executive queried whether her family obligations meant the employer organisation "may not be the place for her".