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Telstra "bent over backwards" for vax-objector: FWC

As Telstra next week prepares to defend a Federal Court class action on behalf of employees who refused to comply with its COVID-19 vaccination policy, the FWC has held that it met consultation requirements and "bent over backwards" to ensure fairness before sacking a worker with a moral objection to being jabbed.

BHP unlawfully ejected on-hire worker from mine site: Court

The Federal Court will consider whether to fine BHP Coal and order compensation after finding it took unlawful adverse action by excluding a Workpac labour hire worker because he exercised his workplace rights, including by complaining about allegedly unsafe practices.

Court to hear chief of staff's bid to keep job

The Federal Court will this morning hear a bid by Teal MP Monique Ryan's chief of staff to keep her job until it finishes dealing with her claims that the Federal Government sacked her for refusing to work unreasonable extra hours and subjected her to "hostile conduct".

Qantas poses existential outsourcing question to High Court

Qantas has questioned whether there could ever be an instance where employers can lawfully outsource work if the High Court rejects its challenge to a ruling that it took adverse action against 2000 former ground crew employees when it shunned a TWU in-house tender in favour of an external bid.

Second hearing a new trial, not an update: Judge

A judge has been forced to pick apart a full court's remittal order before determining that he must rehear a worker's adverse action case afresh rather than merely considering "updated" evidence.

ALRC seeking views on religious bias changes

The Law Reform Commission is seeking feedback on its proposal to tighten protections from discrimination by religious schools against teachers and other workers, but with revised exemptions to permit them to engage those who support their ethos.

Former Lambie staffers hit with $95K costs

A couple who unsuccessfully sued Senator Jacqui Lambie for allegedly unlawfully sacking them in 2017 has been ordered to pay almost $100,000 in costs to the Federal Government after a judge found numerous aspects of their case "unreasonable".

FWC rules director an independent contractor

In finding a worker with an oral contract an independent contractor, the FWC has affirmed that the principles of Personnel Contracting apply whether the contract is written, oral or some combination and has suggested that the previously-used "multifactorial approach" didn't necessarily cause "chaos", but created "legal and commercial uncertainty".

Employer should have been told about Autism diagnosis: Court

A judge has dismissed a worker's claims of disability discrimination and adverse action and upheld his sacking for aggressive workplace behaviour, finding that he should have told his employer upfront of his mental health issues and his autism diagnosis.

Removal from WhatsApp group roster a dismissal: FWC

Removing a gender-transitioning barista from a WhatsApp group roster system following a suicide attempt constituted dismissal, the FWC has held, clearing the way for her to pursue an adverse action case against her former employer.