In a ruling that highlights the need for tribunal members to fully explore reinstatement options for unfairly dismissed employees, the Fair Work Commission has upheld an appeal by a Catholic teacher against a decision not to give him his job back.
Justice Ross finalises annual leave award review scope; Retailers appeal junior rates ruling; Court closes door on adverse action costs claim; and Mammone moves to AMMA.
The Federal Court has dismissed a stevedoring company's challenge to the interim reinstatement of a MUA delegate, despite acknowledging the company's belief that the orders undermined its authority to manage workplace bullying and harassment.
In one of the most significant employment law cases in the last hundred years, a former Commonwealth Bank executive asked the High Court on Monday to balance the "ledger" by recognising the existence of an implied term of trust and confidence in all Australian employment contracts, while the bank warned it against adopting English law.
The FWC's new anti-bullying jurisdiction is likely to subject the "largely unregulated" workplace investigations industry to long-overdue scrutiny, and might give rise to questions about whether employees can lawfully refuse employer directions to cooperate, according to Maurice Blackburn principal Josh Bornstein.
Former High Court judge Dyson Heydon has told the first sitting of the Coalition Government's royal commission into unions he is heading that its terms of reference are "not hostile to trade unions", while outlining the heavy criminal sanctions that apply to those who breach its rules.
A senior prison officer's long-running bid to keep his job remains alive after he successfully challenged a ruling by a NSW IRC full bench that upheld threats to dismiss him for failing to follow correct procedures in an incident that led to the death of a prisoner.
The Fair Work Commission has rejected another employer application to create a modern enterprise award rather than be bound by a sector-wide modern award.
Oil and gas companies are pushing the federal government to introduce special greenfields agreements lasting more than five years for "major" projects involving at least $50m in capital spending and to boost certainty by giving employers an automatic right to an arbitrated extension of the deals.
The SDA has successfully appealed against fast food and hair & beauty industry employers having greater flexibility in compensating employees for working on public holidays.
