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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.


Union fails in costs claim against "busybody" employee

The NSW IRC has decried an HSU state branch's "adversarial" approach in refusing to award costs against an industrial officer who sought a review of a regulator's decision scrapping improvement notices that claimed union employees might be exposed to "psychological hazards".

No service required to trigger 120-hour leave entitlement: FWC

An injured coal mineworker has won back 120 hours personal leave denied by resources giant Peabody when he took more than a year off, the FWC finding he was not required to provide a service to be eligible for the entitlement.

Make disciplinary process more consistent, FWC urges

In ordering the reinstatement of an "impatient" veteran crane operator sacked after his third safety breach in a year, an FWC member has examined BlueScope Steel's "proactive attitude" to discipline and recommended it negotiate a better process.

Court orders aggravated damages for s-xual harassment

A law firm's principal solicitor must pay $170,000 in damages after subjecting a paralegal to months of s-xual harassment that included a "bombardment" of inappropriate emails, coerced hugs and veiled threats that her employment depended on them starting a relationship.

UK inquiry seeks to restrict use of non-disclosure agreements

In a finding that might influence Sex Discrimination Commissioner Kate Jenkins' inquiry into sexual harassment, a UK parliamentary inquiry has recommended legislating to outlaw non-disclosure agreements that restrict "legitimate discussion" of unlawful discrimination and harassment.

Adverse action claim hurdles lawyer's "miscalculation"

The FWC has held that a lawyer's incorrect use of a date calculator should not stand in the way of a worker filing a day-late challenge to his alleged dismissal on the basis that his employment was "frustrated" by an expected slow return to full-time work from sick leave.

Union sues police over alleged "unlawful picketing"

In what is believed to be an Australian-first, the Victorian CFMMEU is seeking penalties of more than $4 million against four police officers and the civil construction giant McConnell Dowell for allegedly stopping union safety officials from inspecting "high-risk work" at a level-crossing removal project.

Court temporarily puts sacked OHS rep back in job

The Federal Court has ordered a construction company to reinstate an electrician until it decides whether it took adverse action by sacking him within 10 days of his becoming a health and safety representative and reporting suspected asbestos in a water tunnel.