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Race-based underpayments a new prosecution frontier for FWO

In the FWO's first underpayment prosecution relying on race discrimination prohibitions in the Fair Work Act, a court has found a Tasmanian hotel and its manager deliberately short-changed a head chef and kitchen hand and expected them to work long hours, six days a week because of their Malaysian nationality and Chinese race.


Prime Minister's department accused of demoting cancer survivor

The Department of the Prime Minister and Cabinet has agreed to enter into mediation with an employee who accuses it of taking adverse action by suspending and demoting her and directing her to take indefinite leave following a long absence for cancer treatment and surgery.

Employer took adverse action against worker it shunted: Court

A court has found that a rail freight company took adverse action against a train driver when it derailed his progress towards a more lucrative role after he refused to alter a shift, citing primary carer responsibilities and fatigue.

Alleged bullying was reasonable management action

The FWC has thrown out an aged care worker's anti-bullying claim, finding her employer had taken reasonable management action and carried it out in a reasonable manner, while she was the one with a pattern of inappropriate conduct.

Worker clears "high hurdle" for late dismissal claim

The FWC has found that a combination of three factors, including a "significant" mental illness, justified extending time for an unfair dismissal claim lodged 164 days late by a former Woolworths worker.

No bias against worker who railed against "sinners": UK court

A prison gardener ordained as a Pentecostal minister who was disciplined for quoting bible passages about the sinfulness of homosexuality to inmates has failed to overturn a UK Employment Tribunal finding that his employer's actions did not constitute religious discrimination.

Inherent requirements legitimise discriminatory dismissal: Employer

The FWC has revoked an order to produce documents in an adverse action case against an employer that sacked three cultural heritage field officers because they failed to establish an ancestral connection to the Barada Barna people of Central Queensland.

United Voice asks FWC to decide equal pay threshold issue

United Voice has asked the FWC to go ahead with a preliminary hearing on whether metalworkers are a suitable comparator in their equal pay claim for early childhood workers, but the IEU says it won't await the result.