An employer has convinced a court that it did not take unlawful adverse action when its HR manager decided to dismiss an employee who had lodged a bullying and harassment complaint.
A security company must provide United Voice with internal correspondence about its practice of engaging contractors and employees, as the union pursues it for allegedly employing two embassy guards on sham contracts and sacking them when they refused to waive legal rights.
The Federal Court has found CFMEU construction and general division NSW branch secretary Brian Parker intended to coerce construction giant Lend Lease to reinstate a delegate when he organised for 700 workers to walk off the major Barangaroo South job three years ago.
The Federal Court has refused to issue CFMEU organiser Drew MacDonald a certificate protecting him from self-incrimination in proceedings brought by the ABCC over alleged unprotected action.
The AWU has failed in a bid to have the Federal Court summarily dismiss an FWO action claiming it took adverse action against two of its members who refused to take industrial action during bargaining with Orica.
A court has found a delegate liable as an accessory for adverse action after he stood by and failed to correct the record when an organiser told workers they would be removed from a construction site if they refused to join the union.
The NSW Supreme Court says a deed signed by a former Seven West Media executive assistant restricting any court action to the state jurisdiction was a "powerful factor" in its refusal to transfer her employer's case against her to the Federal Court, where she is pursuing it for adverse action.
The Federal Court has acknowledged in imposing more than $100,000 in fines on the AMWU, AWU and CFMEU and their organisers for taking unlawful industrial action and adverse action against Australian Paper that the unions only became involved when they "properly responded to the workers' needs".
A court has rejected a casual's claim that his employer took adverse action when it stopped offering him shifts after he refused a six-week contract to allegedly meet his family and caring responsibilities, finding he knocked the work back to go on a pre-booked holiday to Fiji.
A full Federal Court has upheld a procedural decision to strike out an amended statement of claim in dismissing CFMEU's appeal alleging BHP Coal took adverse action against miners when it engaged a contractor with a cheaper workforce.
