A company did not sack a worker for alleged safety breaches and unprofessional behaviour, but rather took unlawful adverse action when it decided to dismiss him because its national HR manager took his queries about pay and flexible work as "badgering" and harassment, a court has ruled.
The FWC is seeking feedback on proposed undertakings that expunge an Aldi agreement's labour hire clauses, deemed invalid by the SDA because they try to circumvent same-job, same-pay provisions recently introduced into the Fair Work Act.
In a court ruling a major media organisation argues could curtail open justice "in every proceeding", a judge has blocked the release of documents until attempts to reach a mediated settlement in the adverse action case have been exhausted.
The FWC has urged David Jones to improve its retrenchment processes, while opening the way for a long-serving worker to pursue an unfair dismissal case after the department store deemed her unsuitable for redeployment to an area serving "elevated" clientele.
A senior lawyer says finance sector employers should "urgently review" their employment agreements after a finding that a commission-based advisor is award-covered and that a leading wealth management company cannot use those payments to offset his entitlements.
An ETU bid for a majority support determination covering team leaders at a major power station has fallen at the first hurdle, with the union failing to establish that they are "electricians" or in a role peculiar to the electrical industry.
The AiG is calling for the FWC to reject the ACTU's "misguided and inappropriate" draft "right to disconnect" award clause, and AREEA is recommending the final clause mirror the legislation, rather than expand it.
A judge has rejected suggestions that he "inferred misconduct" on the part of lawyers acting for a construction giant in an adverse action case that has moved on to weighing damages and compensation.
The ACTU says the "right to disconnect" clause to be inserted into awards should provide "descriptive guidance" on how the entitlement would operate and the FWC should reject employers' proposed "minimalist" approach, ahead of consultations next week and the Commission releasing a draft provision next month.
Extending employers' duty of care to the disciplining and sacking of workers would not "frustrate" contractual certainty or disrupt businesses, lawyers for a charity's former consultant have told the High Court.