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Bench confirms "fetters" on employer's workforce

Svitzer has failed to convince a FWC full bench that it has an "unfettered" right to choose which category its employees fall into regardless of operating procedures at five ports.

Judge issues warning on director's telehealth sick note

A judge has held that an "instant" online script did not excuse an underpaying employer from having to attend a penalty hearing, while also warning that in future the court is unlikely to accept certificates from providers using the model adopted by the Wesfarmers-owned service.

Telstra harassment claim to proceed

A couple has been cleared to pursue Telstra over claims it is vicariously responsible for their alleged s-xual harassment by a former employee using confidential contact details sourced through the telco.

10-day hearing for Qantas outsource compensation case

The Federal Court has programmed a 10-day hearing in March next year to determine any compensation for the 1680 Qantas group employees the airline subjected to unlawful adverse action when it outsourced their jobs at the height of the coronavirus pandemic.

Refusing to negotiate hampers DPW cool-off bid

Container terminal operator DP World's refusal to bargain while MUA members take protected action has contributed to a FWC finding that it would not be in the public interest to suspend it for a 90-day "cooling off" period.

Business sale restarts casual conversion clock: FWC

The FWC has held that it cannot deal with a worker's casual conversion dispute as the recent sale of the business she works for has restarted the clock on her requirement to complete 12 months' service with her current employer.

Victorian template for national labour hire scheme

A leading IR legal expert says Victoria's selection as host jurisdiction for a harmonised labour hire licensing scheme and National Labour Hire Regulator is a "fitting reflection" of its contribution in recent years, but the industry peak body has expressed disappointment and surprise.

FWO steps up pursuit of underpaying economist

A court has issued rare orders compelling a former economics professor to face FWO questions under oath about his capacity to pay penalties and compensation arising from underpayment judgments handed down in 2019 and 2020.

Supervisor given some "latitude" in bullying case

In a decision delving deeply into the statutory definition of bullying, a senior FWC member has observed that allowances should be made for "some degree of exasperation or tension" between managers and those they supervise.

Ticker troubles explain tardy application: FWC

The FWC has waved through a former company director's late unfair dismissal claim after accepting evidence that the deadline fell on the same day as her treatment for a heart condition allegedly exacerbated by her ex-husband "vengefully terminating" her employment.