The Fair Work Commission has dismissed a multinational contracting company's attempt to bypass its severance obligations in an important decision on the definition of the "ordinary and customary turnover of labour" in the contracting and labour hire industries.
Boral Resources has suffered a setback in its push to win more than $20 million in damages from the CFMEU, with the company ordered to pay the union's "substantial" legal costs after its civil trial was adjourned today for six weeks.
A full bench of the Federal Court has confirmed the common law definition of "employee" as it applies to defence personnel after an enlisted serviceperson unsuccessfully argued the Commonwealth had discriminated against him when it took adverse action and sacked him for being HIV positive.
A former abattoir worker, who received unpaid entitlements only after FWO intervention, can also seek damages for negligence after a High Court ruling today, but the NSW Court of Appeal will now need to establish who employed him.
The High Court has refused the CFMEU special leave to challenge last year's Victorian Court of Appeal finding that the Boral group could rely on the tort of intimidation to recover millions in damages for concrete supply bans.
The WA Supreme Court has refused to grant an order to search the home of a labour hire company's former Rio Tinto Pilbara account manager accused of soliciting business for a competitor in breach of a six-month restraint of trade provision.
A four-member Fair Work Commission full bench has ruled that the tribunal has the power to insert in modern awards a provision penalising employers for late payment of wages, but has left it to another bench to decide next week whether the proposal has merit.