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Have a heart, says full bench

An FWC full bench has upbraided a member for "inviting" an employer to seek to strike out an unfair dismissal claim after the employee failed to follow directions, holding that he didn't meet deadlines due to his baby son's medical condition, which required heart surgery.

Medical director not a danger to public: Tribunal

A tribunal has ordered a health service to reinstate the chair of its credentialing committee dismissed for his role in appointing to an obstetrics job a recovering alcoholic suspected of falling off the wagon at work, rejecting as "absolute codswallop" its claim that the chair now poses a danger to the public.

Employer body seeking to stymie union organising alliance

An employer association has begun probing the alliance between the AWU and the CFFMMEU's MUA division that seeks to build membership in the offshore oil and gas sector, arguing that it creates a conflict of the interest for the organisers involved.

Taxi drivers' class action targets Uber

Maurice Blackburn Lawyers says its Supreme Court class action against Uber on behalf of thousands of drivers and licence owners is shaping up as one in the largest in the nation's history.

Nothing "repugnant" about future deals clause: Bench

A major civil construction company has successfully toppled an FWC full bench finding that its proposed agreement unlawfully allowed workers to be covered by future deals ahead of its nominal expiry date.

Elder's ties to land favour reinstatement: FWC

An Aboriginal night patrol officer sacked for timesheet discrepancies has won back his council role after an FWC member took into account "very strong" ties to his remote community and the dearth of alternative employment opportunities.

Decisions roundup: Role redefinition discriminatory; and more

Redefinition of role discriminatory, tribunal rules; No compensation after barristers' chambers award breach; Unreasonable to refuse medical examination: FWC; and Judge pushes for "show and tell" approach to information sharing.

Full court green light for Sunday overtime move

United Voice has failed to overturn a Federal Court finding that a security company is entitled to avoid paying Sunday penalty rates by allocating all overtime hours to these days.


Bench upholds factory hand's refusal to give finger

An academic has welcomed a significant FWC full bench finding that a worker's refusal to participate in fingerprint scanning did not justify his dismissal and warns that many employers lack awareness of their legal obligations and the potential consequences of biometric technology.