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High Court asked to weigh in on employer’s duty to redeploy before redundancy
Appeals 2024-05-08 11:20 pm By Christine Caulfield

The High Court had been asked to clarify the extent of protection for employers for genuine redundancies under the Fair Work Act, after an appeals court found the exemption was “not absolute”.

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Genuine redundancy exception to unfair dismissal not a given, court says
Employment 2024-04-10 3:06 pm By Cindy Cameronne

The allowance for genuine redundancies is ā€œnot absoluteā€ and employers need to consider measures to redeploy workers, including retraining, an appeals court has said in an unfair dismissal case involving 22 mining workers.

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Qantas can’t keep lid on instructions to Herbert Smith Freehills over ground crew sacking
Employment 2024-03-06 3:57 pm By Cindy Cameronne

A judge has ordered Qantas to hand over instructions it gave to its solicitors at Herbert Smith Freehills that underpinned advice over the airlineā€™s decision to sack 1,700 ground crew during the COVID-19 pandemic.

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Union test cases ā€˜donā€™t make much sense in 2023′, says judge in Qantas spat
Employment 2023-12-05 11:54 pm By Cindy Cameronne

A judge has admonished the Transport Workers Union for relying on test cases to decide compensation for 1,700 ground crew who were sacked during the COVID-19 pandemic, saying it should instead bring a class action.

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Judge in Qantas case questions why unions don’t file class actions
Employment 2023-09-20 1:31 pm By Cindy Cameronne

A judge has asked why the union representing Qantas workers did not bring a class action on behalf of 1,700 ground crew who were sacked during the COVID-19 pandemic, as he ordered the airlineā€™s new CEO to attend settlement talks after losing its High Court appeal.

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High Court to rule on reach of workplace law in high-stakes Qantas case
Appeals 2023-09-12 11:49 pm By Christine Caulfield

The High Court will deliver judgment Wednesday in an appeal by Qantas over its decision to sack its ground crew at the height of COVID-19, a ruling that could determine the scope of adverse action protections under the Fair Work Act.

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Sydney Trains driver sacked for drinking deserves rehearing, Full Court says
Employment 2023-06-26 10:05 pm By Gareth Baker

The Full Court has held a Sydney Trains driver who worked the morning after blowing over four times the legal limit is entitled to a rehearing, finding the Fair Work Commission failed to properly consider a section of its own founding legislation.Ā 

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High Court win for Qantas in outsourcing appeal would create ‘whack-a-mole’ legal right, TWU says
Appeals 2023-05-09 11:42 pm By Cat Fredenburgh

If Qantas triumphs in its High Court appeal of a ruling that found it violated the Fair Work Act when it outsourced ground crew at the peak of the COVID-19 pandemic, it would create a “whack-a-mole” legal right to terminate disadvantaged people, the Transport Workers Union has argued.

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Recidivist CFMMEU dodges calls for penalty ‘towards the maximum’ in FWO case
FWO 2023-01-31 4:28 pm By Sam Matthews

A judge has rejected arguments by the Fair Work Ombudsman that the CFMMEU should be slugged with a penalty close to the maximum for the conduct of union officers who failed to show entry permits at a worksite, but she has imposed personal penalties against two officers with a record of prior breaches.

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Judge who represented Sydney Trains wonā€™t recuse herself from fight with union
Employment 2022-10-24 11:41 pm By Cindy Cameronne

A judge has rejected a bid by the Australian rail union to recuse herself from hearing its case against Sydney Trains that seeks approval to deactivate Opal readers amid protracted industrial action, despite having represented the rail operator when she was a barrister last year.Ā 

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