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Adverse action finding "contaminated" by conspiracy theory

The Federal Court has ordered a case be retried after finding the chair and temporary chief executive of a large charity were not afforded a chance to properly challenge a ruling that they conspired to oust a problematic finance team member caught up in divisive internal politics.

Bench clears way for $1M unlawful sacking damages claim

Sydney Water has failed to quash a FWC finding that clears the way for a former employee whose image was used in a suggestive OHS poster to pursue more than $1 million in damages on the basis its botched response forced her to resign.

Qantas flags High Court appeal in outsourcing case

The TWU has vowed to fight for a substantial compensation package for almost 2000 former ground handlers and Qantas says it will appeal after a full court upheld a finding it took adverse action by outsourcing their roles, but refused to order reinstatement.

Newsflash: Qantas loses outsourcing appeal

Qantas has failed to overturn a Federal Court adverse action finding over its shunning of a TWU in-house bid when the airline decided to outsource the work of 2000 ground-handlers.

Tribunal rejects prison officer's "s-xual horseplay" defence

The NSW IRC has upheld the sacking of a prison officer who assaulted a colleague outside work, observing that the victim's evidence should not be "impugned" just because she remained in an abusive relationship.

Tribunal backs finding that casino acted against union delegate

Casino Canberra has failed to knock out orders to pay damages for discriminating against a union delegate who spoke to media or legal costs after a tribunal found its in-house lawyer had trouble separating his roles as its legal representative and sole witness.

High Court rules on traumatised lawyer's case

The High Court has today unanimously found that a lawyer diagnosed with PTSD and depression after working in the Victorian public prosecutor's unit that handles s-xual offences, including those involving children, would have cooperated with steps by her employer to shift her to another area of its operations.

ABCC can go for throat after High Court penalties win

The High Court has today unanimously ruled that judges can take into account the CFMMEU's history of contraventions when assessing fines for breaches of industrial laws, clearing the way for the ABCC to seek maximum penalties for relatively minor infractions.

Full court slashes fines after ABCC's "confused" case

A full Federal Court has halved fines imposed on the CFMMEU and one of its officials after finding that the evidence in the ABCC's "factually confused" case failed to establish that an official pushed over a project manager during an entry dispute.

Pay cut not a dismissal: FWC bench

In a significant decision regarding the statutory meaning of "dismissed", a five-member FWC bench majority has ruled that an employer did not sack a worker when it shaved almost 10% off his annual pay for disciplinary reasons.