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Indemnity costs against employee who sought to punish employer

The FWC has taken the rare step of ordering indemnity costs against a manager accused of HR breaches, finding she kept pressing a "doomed to fail" unfair dismissal application in a bid to inflict maximum harm, but it has thrown out a costs claim against her solicitor.

"High hurdle" halts pilots' rule change plans

The FWC has today ruled out a contentious rule change sought by a pilots union because it failed to abide by requirements to secure support from a two-thirds majority of its governing body.


Guard "ambushed" over misconduct claims: FWC

A large employer's failure to tell an employee what claims were being investigated before conducting a recorded interview was among a number of flaws identified by the FWC in a procedurally "infected" dismissal.

Sacked s-xter didn't need co-workers to say "stop": FWC

The FWC has emphasised that young women should not have to tell older superiors that they don't want sexually loaded communications, upholding the sacking of a senior council worker who insisted younger co-workers welcomed his numerous salacious texts.


Double punishment rule thwarts regulators' hopes

In a significant ruling that might reduce penalties regulators can win for Fair Work Act breaches, the Federal Court has found that the legislation's double jeopardy provision prevents the imposition of separate fines for related contraventions arising from the same conduct.

No representational error when work declined: FWC

In refusing an extension of time application, the FWC has found incorrect advice that a "no-win/no-fee" law firm allegedly gave a worker about the cut-off date for lodging her unfair dismissal application would not constitute representational error as it declined her business.

Ex-CFMEU official granted permit after Damascus moment

The FWC has granted an entry permit to a former CFMEU official once fined $30,000 for blockading a worksite and abusing workers in a bid to coerce Grocon into making an agreement, hearing he became a "different person" once employed as an AWU organiser.

Employer given "difficult task" to make deal compliant

An employer has been set the challenge of reverse engineering an agreement rejected on the basis it was not genuinely agreed, after the FWC observed that while achievable through undertakings it was nonetheless a "difficult task".