Sexually explicit text messages between two colleagues in a relationship were found to be inadmissible in an adverse action case because it couldn't be concluded that the "author would be likely to replicate in the workplace the content, tone or subject of text messages which were indisputably intended to remain private".
The President of the Fair Work Commission has refused a bid by Victorian restaurant and catering employers to have the Federal Court clear up its disagreement with the Fair Work Ombudsman over the transitional penalty and loading provisions in the industry modern award, dubbing it a "collateral attack" on a full bench decision of his tribunal.
The Federal Court has ruled that a betting agency employee's ability to seek legal advice about unpaid commissions was a "workplace right" and that when she threatened to exercise it, her employer took adverse action against her by threatening to sack her.
FWC rules it has no jurisdiction to hear stand-down case; Linfox's 11th-hour offer avoids finding that alternative jobs not suitable; FWC delivers on pizza chain's transfer of business; and Full bench overturns changes to modern health award.
The Federal Circuit Court has found a rail company took unlawful adverse action when it dismissed a locomotive driver who became sick and anxious and couldn't go through with a competency assessment six weeks after he was involved in a crash.
The Toll Group and the TWU have reached an "in principle" agreement for the company's 10,000-strong workforce, delivering a potential pay increase of 15.25% over four years and a commitment to maintain employer super contributions at 3% above the statutory minimum.
In a decision that has the potential to expand the number of general protections cases, a Fair Work Commission full bench headed by the president has ruled that the tribunal has no power to dismiss an application on jurisdictional grounds and must hold a conference once a claim has been lodged.
A Fair Work Commission full bench has rejected – by a two to one majority – a raft of claims to vary annual leave provisions in modern awards as part of the two-year transitional review, finding that many of them would more appropriately be dealt with in the broader review next year.
