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Court backs four-year restraint

A court has stopped an IT specialist from working for a competitor and encouraging other employees to join him, finding a four-year restraint period reasonable after taking into account that he sold his stake in the company for a "substantial" sum and continued on as a "key employee".

Multinationals' labour hire switch exposes "deficient" redeployment process

The FWC has identified "deficiencies" in management of redundancies by a mining services company that replaced its employee relief pool with on-hire workers, counselling that it should have given greater consideration to quarantining some positions for redeployees.



Employer urged to engage on "double standard" redundancy package

The FWC has implored a barrister to urge his client to "at least consider" engaging with employees, after conceding it has no jurisdiction to deal with a dispute over a "double standard" on redundancy packages between blue and white-collar workers.

High Court reserves decision on bargaining breaches

The High Court has reserved its decision on parallel appeals by Esso and the AWU questioning what constitutes a breach of bargaining orders and whether a breach during bargaining means future protected action is not possible.

Sacked Woolworths worker denied legal representation

A warehouse team leader must match wits with Woolworths' in-house HR/IR managers over his unfair dismissal claim after the FWC refused to allow either party legal representation for what it determined was a matter "not complex enough" to involve lawyers or paid agents.

Pregnant pause could have avoided adverse action: Court

A general manager might have avoided taking unlawful adverse action against a pregnant employee if he consulted the company's HR department before bringing forward her redundancy by eight days, a court has found.

FWC extends time for worker hit twice by representative error

A Tiger Airways employee who claims he was sacked partly because of his age and his response to threats from the airline's chief pilot has won an extension of time to lodge a general protections claim because his legal representative wrongly made an unfair dismissal application.

Dentist's adverse action claim a bridge too far: Court

The Federal Court has rejected claims an employer took adverse action against a dentist it threatened to sack for writing "pugnacious" emails, redirecting mail and refusing to attend disciplinary meetings, ruling that the last two actions amounted to him repudiating his employment contract.