In a decision that has the potential to expand the number of general protections cases, a Fair Work Commission full bench headed by the president has ruled that the tribunal has no power to dismiss an application on jurisdictional grounds and must hold a conference once a claim has been lodged.
A Chinese company that brought 24 workers to Australia to dismantle machinery and paid them just a portion of their total wage during the four-plus months they were here – with the balance then delivered on their return to China – has been fined $14,850.
A Fair Work Commission full bench has rejected – by a two to one majority – a raft of claims to vary annual leave provisions in modern awards as part of the two-year transitional review, finding that many of them would more appropriately be dealt with in the broader review next year.
The Federal Circuit Court has ruled that there is no unfettered right to freedom of political expression in dismissing a federal public servant's application for a declaration that any finding that she had breached the APS code of conduct for tweeting her opinions would breach her implied constitutional rights.
Virgin flight attendant's reinstatement confirmed; Evidence from decision-maker not a requirement for valid reason; and All s387 factors relevant to whether dismissal fair.
The Federal Court has rejected a transport employer's bid to challenge a dispute settlement ruling by a Fair Work Commission full bench, holding that private arbitration was not just a "dry run" of a court case.
The Federal Court has stayed a $300,000 Federal Magistrates Court penalties and backpay order against a call centre, while imposing a conditional security payment, acknowledging the employer's chances of a successful appeal are "not strong".
A prison officer has failed to win reinstatement after being summarily dismissed for impersonating a co-worker by sending an email from the colleague's account to his entire department, inviting other "homosexuals" to contact him.
