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92 articles are classified in All Articles > Legal > Common law


Sacking unfair for sharing pic of colleague's contract

An employer unfairly dismissed an underpaid 457 visa worker for sharing photos of a properly-remunerated colleague's employment contract, but the FWC has refused him compensation, ruling he did not suffer financially because of his successful workers' compensation claim.

Sacking for refusing upgrade not adverse action: Full court

Qube Ports did not take adverse action against an employee it sacked for refusing to work at a higher classification, because under its enterprise agreement it could make that direction, a full Federal Court has found.


Court makes important ruling on "reasonable notice"

A court has made it clear that employers can be obliged to provide reasonable notice beyond requirements in the NES, in an adverse action case triggered by a general manager's sacking for comments about a major client's pregnant wife that "when you have a baby your wife is ripped from asshole to c--t and it never looks the same again".


Employer breached duty of care to overworked manager: Court

An employer that required a manager to work up to 70 hours a week and be on call 24-hours-a-day when it cut its workforce and outsourced maintenance breached its duty of care to prevent him from developing a psychiatric injury, Victoria's Supreme Court has found.

Vale, Alan Goldberg QC

Alan Goldberg, the barrister seen as the mastermind behind the landmark Dollar Sweets case, has died, aged 75.



Union loses bid to access Port Hedland tug crew

The FWC has revoked an order granting the AIMPE access to crucial documents that might provide the basis for entry rights for discussions with tug crew members engaged as "partners" serving BHP Billiton's iron ore export operations at Port Hedland.