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197 articles are classified in All Articles > Legal > Prosecution


Professor contesting "privileged" status of pre-investigation advice

After winning an interlocutory injunction reversing her suspension from Melbourne University, the head of its culture and communication school is challenging her employer's claim that legal advice received before appointing an investigator to probe possible misconduct is privileged.

FWC bares teeth with jail threat

In a rare case, two former operators of a Canberra massage parlour potentially face up to a year in jail for allegedly providing false or misleading evidence to the FWC.

Costs against HR manager after information destroyed

NSW's Supreme Court has awarded costs against an HR manager who followed through with a "unilateral" threat to destroy confidential information copied from his former employer, after another court found he was not unfairly sacked over his complaints to the chief executive.

$150,000 damages payout after workplace s-xual assault

A male worker and an employer that pledged to indemnify him after he was accused of sexual assaulting a female colleague have been ordered to jointly pay her $130,000 in damages for pain and suffering and for the company to pay a further $20,000 in aggravated damages, after it conducted a "trenchant defence" of the perpetrator, who took advantage of the young woman after she collapsed at work.

"Honest" directors culpable for $1.1 million underpayments

In a second-time-around ruling on accessorial liability, "exceptionally brilliant" inventor Kia Silverbrook and partner/fellow company director Janette Lee have this time failed to convince a court that they were not knowingly concerned in underpaying workers more than $1 million.

Workpac facing major new class action

Ahead of a hearing into Workpac's bid to stop casuals winning leave entitlements, Adero Law says more than 600 mineworkers have already joined a new class action against the labour supplier that seeks to claw back up to $84 million for about 7000 on hire casuals.

Agri Labour facing new underpayments claim

After providing $150,000 to settle an underpayments claim brought by five fruit pickers last year, labour hire company Agri Labour Australia is facing a new claim from 26 seasonal workers alleging they were short-paid more than $200,000.

Employer produced "reconstructed" records: FWO

The Fair Work Ombudsman has launched the first legal action using new reverse onus of proof provisions that require employers to disprove underpayment claims if they have not kept adequate records.

Court bites back against 7-Eleven cash-backs

The Federal Circuit Court has fined a former 7-Eleven operator more than $154,000 for using a cash-back scheme to circumvent a biometric payroll system introduced by head office to stamp out underpayments.

Employsure engaged in misleading and unconscionable conduct: ACCC

The Federal Court will next month convene a hearing for an ACCC prosecution of employment advice provider Employsure for allegedly misleading small business operators into believing it was the FWO or the FWC or was connected to them.