A full bench of the Federal Court has confirmed the common law definition of "employee" as it applies to defence personnel after an enlisted serviceperson unsuccessfully argued the Commonwealth had discriminated against him when it took adverse action and sacked him for being HIV positive.
Cleaners strike in Parliament bathrooms to support pay claim; Miscarriage not reason enough for an extension of time; Lunching security guard unfairly dismissed; Accountant's sacking fair in "highly unusual" case; High Court to hear unions challenge to offshore visas; and Bechtel clarifies position on leave approval.
A full Federal Court has confirmed that annual leave owed to workers on termination of employment must be paid out at the same rate they would have received had they taken it while still working.
An FWC full bench has ruled that a Catholic school religious education coordinator charged with criminal offences wasn't dismissed, because child protection legislation rendered "impermissible" his continued employment.
Employer can "effectively represent itself"; It's peculiar: Bench overrules refusal of name change; Employer pays for hitting snooze on investigation; Dating a no-no on employer phone, says FWC; and Hairdresser's evidence doesn't cut it.
An FWC full bench has rejected a "well-resourced" company's argument that the complexity of an unfair dismissal case required that it be represented by a lawyer.
A FWC full bench has rejected a sacked Qantas pilot's argument that spiking of his drink meant he couldn't be held responsible for s-xually assaulting a female flight crew member during a stopover in Chile.
In its first full bench examination of the Fair Work Act's reinstatement provisions, the FWC has ruled it has no power to attach conditions to orders returning dismissed workers to their jobs.
In a decision that considers the relevance to his employment of a public servant's conduct outside working hours, a Fair Work Commission full bench has ruled that the ATO had a valid reason to dismiss him because his incarceration meant he couldn't carry out his role.
