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After Barker, lawyers turn to implied duty of good faith

Employee lawyers are reframing contract of employment claims to include a duty of good faith in the wake of the High Court rejecting an implied duty of trust and confidence, but face an uphill battle to entrench the principle in Australian law, according to some senior academics.

Docks culture laid bare in MUA delegate's failed bid to regain job

Stevedoring giant DP World was entitled to summarily dismiss an MUA delegate who called a colleague a "f--king lagger" and instructed another worker to lie in a related investigation, and the sacking did not amount to adverse action, the Federal Court has ruled today.




Trouble in Geneva: right to strike under fire

An eminent UK academic says employers are stepping up their attack on an internationally-recognised right to strike, with unions responding by pushing for the issue to be resolved once and for all by the International Court of Justice.

Unsworn evidence denied employer natural justice: Bench

A Fair Work Commission member denied an employer procedural fairness when he allowed a self-represented unfair dismissal applicant to escape cross examination by giving unsworn evidence from the bar table, a full bench has ruled.

Hatcher to lead casual conversion full bench

FWC Vice President Adam Hatcher will head up a full bench to deal with the ACTU's wide-ranging casual and part-time employment claims, as well as proposed employer variations, after Commission president Iain Ross accepted they were "common issues" across the modern awards that the tribunal is reviewing after four years of operation.

Open justice trumps suppression order in bullying case

The FWC has again refused to suppress the names of an employer and workers facing allegations of bullying, finding that the principle of open justice meant it shouldn't make confidentiality orders.

Rocky road for employer after FWC rules against relocation

A confectionery company's direction to its production workers to shift their jobs 34km across Sydney's southern suburbs breached their rights under their enterprise agreements and employment contracts, a FWC full bench has ruled today.