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Employee compensated for "callous" post-merger dismissal

An accounts officer who returned from leave to find her desk had been cleared has been awarded $7690 in compensation for her employer's "callous act" in making her redundant without any warning or consultation.

Kmart deal not so super, says SDA rival

RAFFWU is challenging the approval of a Kmart deal that won overwhelming endorsement from workers, claiming a refusal to provide an opt-out of the retail industry superannuation fund and 1c above-award pay rates will mean it fails the better off overall test.

FWC halts "unilateral" axing of income protection

Stevedore DP World will have to abandon its plan to end an income protection scheme for its container terminal workers from Friday, after the FWC ruled its agreement with the CFMMEU's MUA division does not permit "unilateral cessation".

"Robbed": Union outraged at entitlements ruling

The CFMMEU says the Federal Court has made an "outrageous decision" in directing that $1m held in a trust fund as a result of a case brought by the union now be shared by all former employees of the liquidated labour hire company One Key Workforce Pty Ltd.


Canadian "contractor" who flew south an employee, says FWC

A Sydney-based Canadian paid a regular monthly untaxed figure in US dollars by a Calgary-headquartered company for which he agreed to act as an independent contractor has had his unfair dismissal claim upheld, with the FWC finding he was not genuinely retrenched.

Two jobs with single employer don't count as one: Court

A worker who concurrently held two "separate and distinct" part-time roles with Australia Post has failed to win $200,000 in overtime and meal allowances he claimed he was owed under the organisation's agreement, after the Federal Court ruled that they didn't amount to a single job with combined hours under the Fair Work Act.

Court reconsiders "ordinary and customary turnover" escape clause

In a case clarifying when employers must make redundancy payments, the Federal Court has rejected claims by Spotless Services Australia Ltd that it was not obliged to pay severance to three Perth International Airport workers due to an exemption for ordinary and customary turnover of labour.

Seven-month "leave blackout" breached deal: FWC

A council's imposition of a seven-month "leave blackout" period in a quest for greater efficiencies has run foul of the FWC, the tribunal finding its failure to consult workers over the policy breached best practice and notification provisions in its agreement.