As a former state manager's $15 million adverse action claim heads to the Federal Court in April, his employer has denied sacking him for taking sick leave, making bullying complaints or to avoid honouring contractually agreed incentives and bonuses.
In a decision sure to be closely analysed by employers, a court has ruled that a worker is entitled to accrued annual leave despite being paid a casual loading for 15 years.
The Federal Circuit Court should have let a dismissed employee correct the name of her employer in a general protections claim even though it was wrong on the FWC's s368 certificate, the Federal Court has ruled.
The MUA delegate at the centre of the Webb Dock dispute is pursuing a general protections claim against stevedore VICT that has been timetabled in the Federal Court today.
The High Court has confirmed that unions are entitled to run underpayment and other contravention cases for un-named classes of employees who are eligible for membership but are not members, paving the way for a pilots union to advance an adverse action claim on behalf of Regional Express cadets.
A manager's adverse action claim against a not-for-profit enterprise set up to create a railway tourist attraction is on track, after a court found its substantial, non-peripheral commercial activities characterised it as a trading corporation.
Former Australia Post chief executive Ahmed Fahour says he was acting out of concern for his national compensation manager's welfare rather than acceding to union demands when he sacked him and shut down his cost-saving project the same day he received a call from an "angry" union leader with whom he'd previously had hostile exchanges.
A CFMEU shop steward took adverse action against a painter when he first grudgingly permitted and then subsequently refused him access to a site because he was behind in his union dues, a court has found.
The Federal Circuit Court has rejected the adverse action claim of an obese security officer who accused his employer of unfairly targeting him, transferring him to a position he physically could not perform in another city and then sacking him because he challenged a proposed enterprise agreement.
An operations director who claimed a biotech giant offered her a job "until retirement" has failed to establish that it engaged in misleading and deceptive conduct or that it took adverse action by retrenching her the following year.
