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Federal Court full bench sets out redundancy rules

A full Federal Court has clarified the extent to which employers must investigate alternative roles for workers caught up in restructures, finding that a mining company had an obligation to assess whether employees could replace already-engaged contractors before making them redundant.

High Court to rule on potential new duty of care for employers

The High Court will consider whether employers' duty of care and consequent exposure to damages extends to providing "safe" disciplinary and dismissal processes that protect sacked workers from psychiatric injury.


"Well-intentioned" department fined over 2016 teacher sacking

A former public school teacher has been awarded $10,500 in penalties after pursuing the ACT's education department through the courts for more than seven years over allegations it unlawfully dismissed her, breaching its agreement's job security terms.

Bench confirms "fetters" on employer's workforce

Svitzer has failed to convince a FWC full bench that it has an "unfettered" right to choose which category its employees fall into regardless of operating procedures at five ports.

Telstra harassment claim to proceed

A couple has been cleared to pursue Telstra over claims it is vicariously responsible for their alleged s-xual harassment by a former employee using confidential contact details sourced through the telco.


Successful entry rights appeal "victory for common sense": Academic

In what a leading labour law academic describes as a "victory for common sense", a full court has quashed a ruling that union officials cannot use their right to enter premises for discussions with members to gather signatures on petitions or "secure a commitment to a particular course of action in the future".

"Abject stupidity" insufficient reason for sacking: Bench

In a full bench decision exploring what constitutes work-related conduct, essential services provider Ventia has failed to knock out the reinstatement of a firefighter who shared an Only Fans video and a meme showing three naked women in a "sickos" Facebook group of current and former colleagues.

Potential LSL fines second only to industrial manslaughter: Court

Optus has again failed to overturn a finding that underpaying workers' long service leave entitlements when they leave might count as a continuing offence under Victorian law, clearing the way for the State's Wage Inspectorate to pursue daily fines that could run into millions for the period before the telco rectified the alleged issue.