Legal page 553 of 568

The Federal Court has refused to reinstate a sales consultant pending the hearing of his wrongful dismissal claim, finding that his relationship with his former employer had broken down and that damages would be an adequate remedy if he ended up winning his case.

FWBC has launched Federal Court proceedings against CFMEU construction division national president David Hanna over an alleged breach of right of entry laws.

A court has found it seriously arguable that a contractual clause was reasonable in restraining a Fairfax executive from working for a competitor for six months, but refused to order him to comply because the publisher was slow to enforce it and because he had given undertakings not to poach clients or use his former employer's confidential information.

The Federal Court has ordered the CFMEU to stop blocking access to a major Sydney apartment project, pending the full hearing of the developer's claim that the union has breached secondary boycott laws.

The NSW Government has had a victory in its long-running battle to include compulsory superannuation increases within the public sector 2.5% wage cap, after the State's Court of Appeal quashed last year's IRC ruling that the wages cap only applied to Commission-awarded increases.

A senior FWC member has strongly endorsed legal representation of parties in hearings, saying that with the rise of self-representation, the involvement of legal practitioners is "more often than not, a welcome relief".

The Fair Work Commission has upheld the RSPCA's dismissal of an executive manager for leaking to the media, providing confidential documents to his union and undermining his chief executive, describing his conduct as "reprehensible" and "duplicitous".

The Federal Court has set aside enterprise agreements for three private hospitals, finding the group's corporate manager had no authority to make them.

The FWC has ordered the TWU to postpone member-endorsed industrial action against Linfox Armaguard because the vagueness of the notices to the company would have required it to respond with "extreme measures" such as organising flying squads to replace workers.

A Fair Work Commission full bench has ruled that it was not unreasonable for a global industrial software company to retrench an Australian technical project manager with one day's notice instead of redeploying him to an overseas position, overturning a deputy president's decision that his dismissal was unfair.