A former Esso union delegate who was found to be unfairly dismissed for calling a co-worker a "f___ing scab" has failed to convince an FWC Full Bench that he should be reinstated.
In the latest ruling on the distinction between independent contractors and employees, the FWC has found that a graphic designer whose hours for related small employers were "negotiated" on a weekly or fortnightly basis over almost three years was capable of being dismissed.
In what is believed to be an Australian-first, the Victorian CFMMEU is seeking penalties of more than $4 million against four police officers and the civil construction giant McConnell Dowell for allegedly stopping union safety officials from inspecting "high-risk work" at a level-crossing removal project.
The FWO must pay half the legal costs of a Norwegian shipping company accused of short-changing 60 crew, the Federal Court chastising the watchdog for "doggedly" pushing to hold it liable even though it already repaid them, fully cooperated and could not have known of the contraventions.
A senior FWC member who must redetermine Alcoa's bid to terminate its main WA deal has dismissed the AWU's contention that she is required to consider all appeal grounds afresh.
An FWC member was "clearly wrong" in concluding a university maintenance worker's threatening behaviour that included driving dangerously on campus fell short of that relied upon by his employer for dismissal, a full bench declared in overturning her finding of harshness.
The Full Federal Court erred in the landmark Skene decision on casual employees by taking account of "post-contractual conduct" such as rosters, according to the labour hire company involved in the case.
The Federal Court has resuscitated a worker's long-running adverse action claim, accepting that a 2014 settlement agreement with her employer might have been based on incorrect advice she was given by an FWC member.
A Sydney-headquartered technology company was not required to pay redundancy to a former regional marketing manager based in Singapore as he did not perform any work in Australia, a court has found.
