Court and tribunal decisions page 354 of 374

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Court refuses pre-case discovery to back confidence breach suspicions

The Federal Court has refused to compel three employees to hand over documents to their former employer to help it decide whether to sue them for breaching contract and corporations laws, finding the company had failed to make enough inquiries of its own before seeking discovery orders.

Errant employers slugged $600K in FWO summer blitz

In a lucrative Christmas/New Year period for the Commonwealth's coffers, the Federal Circuit Court has handed down penalties amounting to more than $580,000 in eight separate cases brought by the Fair Work Ombudsman against companies and their directors for breaches of the Fair Work Act.

Coles loses industrial action ballot challenge

Coles meatworkers in Victoria and Tasmania were entitled to vote to take protected industrial action because they had been genuinely seeking separate enterprise agreements late last year, a FWC full bench has ruled.

Asmar challenge to entry permit inquiry fails

The Federal Court has thrown out a challenge by Victorian HSU leaders to the Fair Work Commission's inquiry into allegations that the union rorted the right of entry permit system.

Serco loses major redundancy exemption case

Serco Sodexo Defence Services Pty Ltd has failed to convince the Fair Work Commission it obtained employment for the vast bulk of its workforce when it lost its Defence Department contracts last year, and now faces a hefty redundancy bill for the hundreds of employees who found jobs with the new contractors.

Court urges SA parliament to close casuals LSL loophole

A SA Supreme Court full bench has ruled that an employer must pay long service leave to a casual dockhand who worked sporadically for more than 20 years at Port Lincoln Harbour but has also recommended that state parliament urgently fix legislation that reduced his entitlement to almost nothing.

Lawyer ordered to pay costs in adverse action case

The Federal Court has ordered a lawyer to personally pay another party's legal costs in a general protections claim, finding that he unreasonably advised his client to add his employer's solicitor to the application.

Workers who breached safety rules get jobs back

Two mineworkers sacked for breaching "lifesaving" rules at a mine owned and operated by BHP Coal have been reinstated after the Fair Work Commission found their dismissals disproportionate and inconsistent.

Wrongful termination claim not a priority payment in winding up

A chief financial officer who is seeking $1m in damages for wrongful dismissal from his bankrupt employer will have to compete with other ordinary creditors for the funds, after the Federal Court ruled the sum is not a "retrenchment payment" under corporations law.