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Court rules employer disciplinary breach not "trivial", awards compensation

The Federal Court has awarded a nursing assistant $15,500 for her employer's failure to follow the three-strike disciplinary procedure in its enterprise agreement, but rejected her claims that it breached an implied term of trust and confidence in her employment contract.

Ruling reduces threshold for majority support bids

A Fair Work Commission full bench ruling has opened the door for unions to seek majority support determinations if they are eligible to represent a single employee to be covered by a proposed enterprise agreement.

Employer's changes didn't amount to industrial action: Bench

A Fair Work Commission full bench has held that organisational changes made by employers do not amount to industrial action if they are not motivated by an industrial agenda, in a case involving the compulsory transfer of constables out of three Victoria Police music bands.


Court acknowledges strike was to support injured worker, as CFMEU fines mount

The Federal Court has added another $61,000 to the CFMEU's $250,000 bill for unprotected industrial action on the Brookfield Multiplex Perth hospital project last year, but in doing so has taken into account that the strike was in support of an injured worker and not for just a "self-interested purpose".

Teacher wins reinstatement appeal

In a ruling that highlights the need for tribunal members to fully explore reinstatement options for unfairly dismissed employees, the Fair Work Commission has upheld an appeal by a Catholic teacher against a decision not to give him his job back.


Federal Court rejects bid to overturn delegate's reinstatement

The Federal Court has dismissed a stevedoring company's challenge to the interim reinstatement of a MUA delegate, despite acknowledging the company's belief that the orders undermined its authority to manage workplace bullying and harassment.

CBA tells High Court to ignore House of Lords "trust and confidence" ruling

In one of the most significant employment law cases in the last hundred years, a former Commonwealth Bank executive asked the High Court on Monday to balance the "ledger" by recognising the existence of an implied term of trust and confidence in all Australian employment contracts, while the bank warned it against adopting English law.

Prison officer involved in custody death wins court appeal

A senior prison officer's long-running bid to keep his job remains alive after he successfully challenged a ruling by a NSW IRC full bench that upheld threats to dismiss him for failing to follow correct procedures in an incident that led to the death of a prisoner.