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92 articles are classified in All Articles > Legal > Common law


Visa worker in "unusual" and "exploitative" arrangement unfairly sacked: FWC

The FWC has found even the "most basic" of HR advice would have avoided the "error laden and unfair" dismissal of a 457 visa holder employed under an exploitative arrangement in which she worked as a motel senior manager on the proviso that her partner toiled for free.

Court rejects "dogsbody's" claim that Palmer promised $1m salary

Queensland's Supreme Court has dismissed an accountant's claim that Clive Palmer verbally offered to pay him a $1 million annual salary for five years, finding instead that the accountant was correctly paid the $100,000 (later $150,000) a year agreed in written employment contracts.

Unfair dismissal round-up: Compensation for worker sacked for remark made in jest; & more

Unfair to sack supervisor for remark made in jest; FWC grants legal representation for case to be heard on "less emotive" basis; Employer's appeal against domestic violence sacking rejected by full bench; High-earning BHPB "number two" not protected from unfair dismissal; HR business partner's $138,000 salary exceeds high income threshold; Tribunal rejects sacked worker's bid for reimbursement of counselling costs; Ranger dismissed because contract ran out, not whistleblowing; and FWC "draws the line" on "meandering" unfair dismissal claim.


Pre-trial deficiencies "commonplace" in adverse action claims: Judge

The Federal Court has rejected a major external service provider's bid for costs stemming from a failed adverse action and breach of contract claim, in a ruling that canvasses the "commonplace" difficulties parties can face when preparing for trial.

Executive wins $3.7 million for breach of employment contract

The Federal Court has awarded a former executive of an ASX-listed mining company more than $3.7 million after his employer breached his employment contract by failing to correctly pay his salary, superannuation, and leave entitlements – and his membership of the Union, University and Schools Club.




MUA loses coverage application for non "waterside" workers

The MUA is considering appealing a FWC ruling that blocked it from bargaining on behalf of a group of logistics employees involved in preparing containers for delivery to Broome Wharf because they didn't fit the description of "waterside worker".