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Court throws out FWBC subbie discrimination case

The FWBC is reviewing its legal options after the Federal Court rejected its claims that a construction company discriminated against a subcontractor it dropped because it did not have a union agreement.

Weekend rostering not adverse action: Court

The Federal Court has found a hospital did not take adverse action against an emergency department nurse, rejecting as baseless her claims it discriminated against her because she lodged a workplace dispute and complained about working "excessive" weekend shifts.


Union has standing for adverse action case: Full court

A full Federal Court has dismissed regional airline Rex's attempts to challenge a pilots' union's standing to pursue an adverse action claim for non-members, concluding it is entitled to represent the industrial interests of eligible non-members.


Law firm tried to block partner's general protections claim

A top-tier law firm sought to block the Fair Work Commission from hearing a general protections involving a dismissal application from a former partner, arguing that his partnership was terminated rather than his employment.


Fine for employer that threatened pay cut after complaint

A court has penalised a medical surgery and its directors more than $50,000 for coercive threats to force a doctor to withdraw a complaint to the FWO and adverse action when the practice stopped paying him.

Court makes important ruling on "reasonable notice"

A court has made it clear that employers can be obliged to provide reasonable notice beyond requirements in the NES, in an adverse action case triggered by a general manager's sacking for comments about a major client's pregnant wife that "when you have a baby your wife is ripped from asshole to c--t and it never looks the same again".

Employer's conduct threatened "whole fabric" of IR laws: Judge

A contracts manager and a team leader of a construction company that took adverse action against a subcontractor it refused to hire because its enterprise agreement wasn't endorsed by the CFMEU have been fined almost $2,000 each for the part they played in their employer's contraventions.