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21 articles are classified in All Articles > General protections and adverse action > Legislation

FWC "misconstrued" approach to general protections cases: Full court

In a significant decision unsettling the FWC's approach to general protections applications, a full Federal Court has ruled that a Commission bench "misconstrued" limitations on the tribunal's powers to first establish whether workers have been dismissed before considering such matters.

"Sad" echoes of stolen generation in unlawful sacking: FWC

The FWC has found an Aboriginal corporation took unlawful adverse action by sacking three cultural heritage field officers for failing to prove ancestral connections, noting it was a by-product of the misery inflicted on victims of the stolen generation.

Court fines CFMEU for organising waterfront blockade

A court has fined the CFMEU and two organisers almost $100,000, after finding the union engaged in unlawful coercion and adverse action when it organised a blockade at the $1.6 billion Port of Melbourne expansion project because an employer refused to bargain.

Union has standing for adverse action case: Full court

A full Federal Court has dismissed regional airline Rex's attempts to challenge a pilots' union's standing to pursue an adverse action claim for non-members, concluding it is entitled to represent the industrial interests of eligible non-members.

Court makes important ruling on "reasonable notice"

A court has made it clear that employers can be obliged to provide reasonable notice beyond requirements in the NES, in an adverse action case triggered by a general manager's sacking for comments about a major client's pregnant wife that "when you have a baby your wife is ripped from asshole to c--t and it never looks the same again".

Refusing to engage former organiser was adverse action: Court

A project delivery and maintenance contractor took adverse action against a former union official when it refused to employ him at a major project site because of his background as a unionist and concerns over his former "adversarial" views on the project, the Federal Court has found.