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"Ostrich-like" lawyer denied second bite at case

A criminal lawyer with an "ostrich-like" attitude has failed to convince a judge to reconsider a default judgment ordering him to pay two former employees penalties, costs, long service leave and super totalling more than $70,000.

Bench slams gate on extra duties

In a decision closely examining when employees can be directed to perform extra duties, a FWC full bench has ruled that a maintenance worker could refuse to remotely monitor an automated gate at a gas supplier's facility.

Full court blows hole in states' LSL cases

A Federal Court majority has today dealt a hammer blow to NSW's and Victoria's pursuit of employers alleged to have avoided long service leave entitlements to casuals, ruling that a tribunal's reading of the Fair Work Act's LSL provision produced an "absurdity" whereby employers received "no warning" they could be held criminally liable for supposed non-payments.

Striking wharfies "penalised twice" under Qube approach: Bench

Stevedoring giant Qube has failed to overturn a ruling that it should have slashed the minimum number of hours salaried dockworkers needed to work in a year after withholding their pay over 11 weeks of protected industrial action.


Tribunal to reconsider whether it can expunge warning

In a significant ruling on its powers, the NSW IRC will reconsider a nurse's victimisation claims after overturning a finding it lacked the power to order that a disciplinary warning be removed from her file.

Drivers shunted into COVID-19 siding fail to win lost pay

In a decision exploring what constitutes a disciplinary investigation, a FWC full bench has quashed a finding that a public transport agency must pay a group of train drivers blocked from attending work after failing to comply with its COVID-19 vaccination policy.

Unsought payment orders "contrary to public interest": Full court

A full Federal Court has more than halved fines imposed on the CFMMEU for picketing a crane company over a sacked delegate, while also binning orders requiring the delegate to personally pay a $3500 penalty despite it not being part of the case against him.

Burke, Qantas joust over right to intervene in outsourcing case

Workplace Relations Minister Tony Burke has told the High Court that upholding Qantas' challenge to a finding that it unlawfully outsourced ground-handling jobs would lead to a "chronic imbalance" in IR, while the airline argues that the Government should not be allowed to intervene in the case in the first place.