A cleaner at Sydney's Domain carpark who blamed backpackers and the homeless for a persistent marijuana smell and whose on-site room looked like it was “inhabited by squatters”, has lost his unfair dismissal case. Fair Work Commission Deputy President Geoff Bull rejected Dale Cockroft's claim against InterPark Australia Pty Ltd, saying ...
Cleaner's dismissal for mess, lateness and fraud fair: FWC
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Paul Karp. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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Charges against CFMEU Vic raise concerns over criminalisation of IR
The Trade Union Royal Commission (TURC) taskforce has arrested and charged Construction Forestry Mining Energy Union (CFMEU) Vic leaders with blackmail for their role in the union's secondary boycott of concreter Boral. The arrests of Vic secretary John Setka and his deputy Shaun Reardon represent the most senior leaders charged by the TURC taskfor...
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Labor pitches ASIC as union regulator
The federal Labor opposition has announced a union governance package to crack down on theft, misuse of members' money and unlawful conduct that misleads members, including making the Australian Securities and Investments Commission (ASIC) the watchdog of unions and employer groups. Opposition leader Bill Shorten, shadow attorney-general Mark Dreyf...
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Court backs employer who forced injured worker to company doctor
The Federal Court has rejected the appeal of an injured worker who refused to see his employer's doctor before his return to work, upholding a Fair Work Commission (FWC) full bench's view that mining occupational health and safety law gave the company a right to direct him to do so. BHP Coal Pty Ltd sacked boilermaker Darrin Grant for refusing a re...
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Charges against CFMEU Vic raise concerns over criminalisation of IR
The Trade Union Royal Commission (TURC) taskforce has arrested and charged Construction Forestry Mining Energy Union (CFMEU) Vic leaders with blackmail for their role in the union's secondary boycott of concreter Boral. The arrests of Vic secretary John Setka and his deputy Shaun Reardon represent the most senior leaders charged by the TURC taskfor...
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Fed Court limits scope of employer immunity to adverse action law
The Federal Court has restricted the scope for employers to avoid liability in adverse action claims by ruling their mistaken subjective belief about a worker's legal rights did not mean they did not take adverse action because the worker exercised that right. Justice Anthony North rejected Qube Ports' bid to rely on recent authority that an employ...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Paul Karp. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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Ex-Qld unions leader is new IR minister
The Qld Labor Government has appointed an ex-union leader as its new industrial relations minister as part of a cabinet reshuffle. Brisbane MP and ex-Qld Council of Unions secretary Grace Grace will take on the employment and IR portfolio, replacing Curtis Pitt who retains his role as Treasurer. Grace was the first female leader of the peak state b...
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Worker may have bullying claim against neighbours: FWC
The Fair Work Commission has held a resort resident employed through his business to provide letting and accommodation services may be able to sustain a bullying claim against fellow residents because common areas of the resort constituted his place of work. The case is a reminder that the categories of workers and individuals whose behaviour towar...
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CFMEU rallies to defend Vic officials against ‘blackmail'
Construction Forestry Mining Energy Union (CFMEU) national construction secretary Dave Noonan and thousands of CFMEU members have rallied to defend two Vic officials charged with criminal blackmail, with Noonan arguing the charges amounted to criminalisation of unions' work. CFMEU Vic secretary John Setka and assistant secretary Shaun Riordan appea...
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Hadgkiss reverses resignation in favour of leave
Fair Work Building and Construction Commission (FWBC) director Nigel Hadgkiss has retracted his decision to resign the position for health reasons and is preparing to take extended leave instead. Hadgkiss told the building watchdog staff yesterday he would retire after the relapse of a health condition, which saw him taken to hospital in an ambulan...
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Sacking of ‘homicidal' worker was harsh
A depressed forklift worker fired for threatening to “go postal” at his workplace was unfairly dismissed because his employer failed to take into account his mental illness as a mitigating factor, the Fair Work Commission has held. Manufacturer Jayco Corporation t/as Jayco summarily sacked injured worker Thomas Vernham after his QBE cas...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Paul Karp. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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Army reservist reinstated due to constitutional free speech right
A controversial political figure and reservist sacked by the Australian Defence Force (ADF) has been reinstated, after the Federal Court found his public statements and social media posts - which the ADF deemed homophobic - were protected by the implied freedom of political communication. The case is a rare instance of the implied freedom being use...
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FWO and FWBC can settle on civil penalties: High Court
The High Court has allowed a Commonwealth Government appeal that restores the power of Fair Work Building and Construction (FWBC) and the Fair Work Ombudsman (FWO) to make submissions on and reach settlements about penalties in civil proceedings. The decision is likely to prevent an anticipated spike in contested hearings, as federal courts can onc...
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Implied political freedom could apply to all employees: academic
The Federal Court decision to reinstate army reservist Bernard Gaynor could impact a far wider range of employment relationships than those like Gaynor covered by Defence regs or public sector workers, according to Melbourne Law School professor Adrienne Stone. The director of the Centre for Comparative Constitutional Studies told Workforce Daily t...
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Supervisor's ‘demotion' and pay cut not enough to claim unfair dismissal
A security guard team leader who claimed he was demoted when his pay was cut and his classification lowered has failed to establish grounds to make an unfair dismissal claim. Rejecting his application, Fair Work Commission Senior Deputy President Matthew O'Callaghan held an award clause allowing classification disputes to be referred to the cmn mea...
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FSU leader makes general protections claim against own union
Finance Sector Union (FSU) national secretary Fiona Jordan has made a general protections claim against her own union in a major escalation of the ongoing battle with the national executive over rule changes and resolutions she says are stripping her of power to run the union ( WF 11/09/15 ). The Jordan v FSU matter was listed for a private confere...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com . Chief Journalist: Paul Karp. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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