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Tribunal chips "point-scoring" lawyers

The FWC has criticised the lawyers of an unfair dismissal applicant and his former employer for "point scoring" conduct falling foul of professional conduct rules, while rejecting the latter's costs bid and claim it did not sack the worker despite announcing his redundancy.

$2m adverse action case puts uni tenures under microscope

An academic's $2 million adverse action case against a university's HR department has been transferred to the Federal Court, a judge observing that its outcome has "significant" implications for the tertiary sector's ability to scrap tenured positions funded by endowments.


Court reduces shortchanging fine due to lockdown impacts

A court has accepted that it should impose a reduced underpayment penalty on an employer and its director because last year's extended coronavirus lockdown in Melbourne significantly reduced the size and financial resources of the business.

"Massive" rise in compensation for harassment at laundry

In a decision said to have "massively" raised the bar on compensation amounts, Queensland's Industrial Court has boosted a "manifestly inadequate" $50,000 payout to nearly $160,000 for a casual laundry worker who faced demands for s-x in return for work.

Virgin pilots hail deal with redundancy freeze

Virgin Australia pilots have ahead of their union's merger with the TWU voted up a new deal that includes a freeze on compulsory redundancies before December next year.

Reinstatement for worker made an "example"

The FWC has redrawn an employer's "line in the sand" over the use of mobile phones while driving forklifts, ordering it to reinstate and compensate a worker after concluding he was harshly sacked for a first safety policy breach.

Rossato ruling puts FWC on hold over gig economy appeal

The High Court's Rossato judgment is already having a knock-on effect, with a FWC full bench questioning its effect on Deliveroo's appeal of a finding that a rider was an employee and proposing not to determine it until the High Court decides two more cases.

Bartender assaulted by manager awarded $150,000

A tribunal has ordered a restaurant manager accused of drugging and raping a bartender to pay aggravated and other damages of $150,000, after leaving the vulnerable international student too traumatised to keep working in the hospitality sector.

Indemnity costs against worker who made "meritless" claim

The FWC has ordered indemnity costs against a financial advisor held to have pursued a "meritless" unfair dismissal application nine months after resigning and a vexatious appeal because he believed his former employer was backing out of a separation deal.