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Mental illness should have led judge to consider litigation guardian: Bench

A teacher claiming bullying "on a shocking scale" can proceed with his adverse action case after a full Federal Court found the lower court judge who dismissed the matter over mental health concerns failed to properly consider whether to appoint a litigation guardian.

Court rejects former lawyer's bid to sideline FWC

The Federal Court has rejected a disbarred lawyer's attempt to sideline a senior FWC member and the tribunal itself from hearing his unfair dismissal case, while also declining to grant "extreme" orders preventing a law firm from participating in the court proceedings.

FWC bench excludes "COVID-19 months" for commission-based agents

An FWC full bench is inviting submissions by 2pm on an award variation allowing the real estate industry to disregard the COVID-19 months for commission-only employees and place a moratorium on commencing such arrangements.

FWC rejects claim sacked manager in pursuit of sore horse

Rejecting an employer's extraordinary claim that a farm manager resigned "out of spite" so she could use her FWC challenge to blackmail it into giving her a horse, the tribunal has held it unfairly dismissed her by forcing her out.



Employer disputes HR manager's case citing alleged underpayments

A leading solar panel company is challenging a decision to let its former HR manager pursue a novel adverse action claim seeking $125,000 in compensation on the basis she resigned to protect herself against liability for alleged staff underpayments.

Factor casual leave into business accounts: ASIC

The Ai Group has expressed "significant" concern about ASIC advice that companies in the wake of the Rossato ruling must in their financial reporting provide for any leave, redundancy and public holiday pay prospectively owed to past and present regular casuals.

Law firm did not discriminate against Qantas manager: Court

A former Qantas cabin crew manager seeking millions in damages over alleged historic sexual discrimination and harassment has been refused leave to separately pursue Maurice Blackburn and a former principal over their roles in a settlement reached with the airline in 2008.

Timing OK, but consultation lacking over uni job cuts: FWC

In an instructive decision on when employers should communicate major job-cutting proposals to workers, the FWC has endorsed Deakin University's timing but told it to engage at an institution-wide level after finding its 15-area carve-up left "no opportunity" for meaningful consultation.