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Mental illness should have led judge to consider litigation guardian: Bench

A teacher claiming bullying "on a shocking scale" can proceed with his adverse action case after a full Federal Court found the lower court judge who dismissed the matter over mental health concerns failed to properly consider whether to appoint a litigation guardian.

Court rejects former lawyer's bid to sideline FWC

The Federal Court has rejected a disbarred lawyer's attempt to sideline a senior FWC member and the tribunal itself from hearing his unfair dismissal case, while also declining to grant "extreme" orders preventing a law firm from participating in the court proceedings.

FWC rejects claim sacked manager in pursuit of sore horse

Rejecting an employer's extraordinary claim that a farm manager resigned "out of spite" so she could use her FWC challenge to blackmail it into giving her a horse, the tribunal has held it unfairly dismissed her by forcing her out.


Timing OK, but consultation lacking over uni job cuts: FWC

In an instructive decision on when employers should communicate major job-cutting proposals to workers, the FWC has endorsed Deakin University's timing but told it to engage at an institution-wide level after finding its 15-area carve-up left "no opportunity" for meaningful consultation.

Failure to consult denied worker JobKeeper: FWC

An employer that made a worker redundant just days before the unveiling of JobKeeper must pay the remaining sum she would have gained as a recipient, after the FWC found a proper consultation process would have resulted in her getting it.



Law firm to split indemnity costs after "extraordinary" failure

Lambasting a law firm's "extraordinary" failure to give an unfair dismissal applicant an assessment of his prospects of success, the FWC has found them equally liable to pay employer Prosegur more than $9000 in indemnity costs.