A manager's adverse action claim against a not-for-profit enterprise set up to create a railway tourist attraction is on track, after a court found its substantial, non-peripheral commercial activities characterised it as a trading corporation.
Former Australia Post chief executive Ahmed Fahour says he was acting out of concern for his national compensation manager's welfare rather than acceding to union demands when he sacked him and shut down his cost-saving project the same day he received a call from an "angry" union leader with whom he'd previously had hostile exchanges.
A CFMEU shop steward took adverse action against a painter when he first grudgingly permitted and then subsequently refused him access to a site because he was behind in his union dues, a court has found.
The Federal Circuit Court has rejected the adverse action claim of an obese security officer who accused his employer of unfairly targeting him, transferring him to a position he physically could not perform in another city and then sacking him because he challenged a proposed enterprise agreement.
An operations director who claimed a biotech giant offered her a job "until retirement" has failed to establish that it engaged in misleading and deceptive conduct or that it took adverse action by retrenching her the following year.
A specialist anaesthetist is pursuing a public health service for reinstatement and damages, claiming her summary dismissal breached adverse action provisions, the enterprise agreement and her employment contract, costing her $40,000 a month in lost remuneration.
A Gorgon LNG project worker has lost his adverse action bid after a court found his complaints about offensive and racist conduct played no part in an HR manager's decision to make him redundant.
The FWC has granted an employer legal representation for its jurisdictional objections to a rostering dispute lodged by a self-represented employee who alleges in another case that he was sacked after challenging a proposed enterprise agreement.
The Federal Court has ordered the CFMEU and a delegate to pay almost $100,000 in penalties for the coercion involved when he prevented a subcontractor's employee from working on a job because he wasn't a union member.
In the FWO's first underpayment prosecution relying on race discrimination prohibitions in the Fair Work Act, a court has found a Tasmanian hotel and its manager deliberately short-changed a head chef and kitchen hand and expected them to work long hours, six days a week because of their Malaysian nationality and Chinese race.
