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Tribunal scolds BHP for procedural fairness defects

The FWC has admonished a BHP subsidiary for taking a "haphazard" approach to its disciplinary guidelines, finding it had a valid reason to sack a mineworker for her "deviant" conduct when she put a s-x toy in a colleague's carry-on baggage, but procedural failings made it unfair.

"Vague" task list no basis for sacking over productivity: FWC

In a decision highlighting the perils of relying on nebulous performance measures to assess productivity, the FWC has ordered an IT company to compensate an employee dismissed after being assigned a "vague" To Do list.

University seeks damages from "whistleblower" academic

Murdoch University is seeking compensation for a dip in international student enrolments and damage to its reputation in a cross-claim against an academic who is accusing it of retaliatory adverse action over alleged public interest disclosures to the media.


Folau case to go to trial next year

The Federal Circuit Court has today ordered representative rugby union player Israel Folau to enter into mediation with Rugby Australia and the NSW Waratahs before his unlawful dismissal claim goes to trial on February 4 next year.

Exclusion from Christmas cheer "not bullying": FWC

The FWC has refused to issue an interim anti-bullying order against an employer that excluded a cleaner from a workplace Christmas celebration and refused to give her leave on Australia Day, but has criticised its "poor and clumsy" handling of the worker's complaints.

High Court ruling to constrain expression of political views: Academics

Academics are warning of a "chilling effect" on the ability of public servants to express their political views, following today's High Court finding that a government department lawfully dismissed a public affairs officer over a barrage of highly-critical anonymous tweets.

APRA proposes post-Hayne finance bonus overhaul

Regulator APRA is calling for submissions on a proposed shake-up of financial institutions' pay structures that would ensure no more than half of an employee's bonus is linked to fiscal performance measures, allow "clawbacks" and make boards oversee their entire workforce's remuneration.

Reinstatement problematic after calling HR partner "despicable": FWC

A senior FWC member in upholding a Virgin Australia ground crew worker's dismissal over pilfered cigarettes has noted that "one's fate" is often sealed by attempted cover-ups rather than the actual misconduct, further observing that the former employee did himself no favours when posting on social media that the airline's HR partner was a "despicable human being".

Employer can ask claustrophobic tradie to work in enclosed spaces: FWC

A multinational "people flow" company can require a tradesperson with severe claustrophobia to transfer from an escalator repair team to an elevator repair team, the FWC has found, while cautioning that its approach to accommodating his condition would be considered if he returned with an unfair dismissal claim.