The Federal Court has ordered a barrister to pay an employer's costs in a failed adverse action appeal, finding that they were incurred as a result of her "poor judgment".
A FWC full bench has ruled that in assessing whether reinstatement is appropriate in an unfair dismissal case, the tribunal should not take into account any ill-will arising from continuing legal proceedings between an employee and an employer.
Another High Court case on the Fair Work Act's protections for employees engaged in union activity might not be far away, according to a leading IR academic, after the CFMEU's appeal against the Federal Court's BHP Coal "scab-sign" ruling was this morning rejected by a 3-2 majority.
A High Court majority has dismissed the CFMEU's appeal against the Federal Court's decision that BHP Coal did not take adverse action when it dismissed a union delegate when he waved an "anti-scab" sign on a union picket.
The High Court will decide next Thursday whether BHP Coal took adverse action against a mineworker when it sacked him for holding up an anti-"scab" sign at a picket in Queensland's Bowen Basin in 2012.
An unfairly dismissed Catholic school teacher who successfully argued before a Fair Work Commission full bench that a tribunal member failed to give sufficient consideration to reinstatement options has again missed out on getting her job back.
Employees are not entitled to bring a support person to a meeting to investigate a workplace incident that might result in dismissal, a FWC full bench has ruled in overturning the reinstatement of a long-serving forklift driver.
A Fair Work Commission full bench has upheld a decision to refuse a Queensland building union official an entry permit, while a senior member has stayed the suspension of permits for 12 other officers.
Anti-bullying order restricts worker's exercise regime; Adult retail worker pay rates to stay; ILO challenge to Tasmanian IR legislation; and Federal government pilots new training programs.
The High Court has reserved its decision on whether BHP Coal fell foul of the Fair Work Act's adverse action provisions by sacking a worker for breaching its workplace conduct policy after he held up an anti-"scab" sign at a picket.
