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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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Postgrads class action faces knockout bid as UTS flags novel fight
Class Actions 2024-04-11 2:59 pm By Sam Matthews

An underpayments class action brought by postgraduate research candidates at the University of Sydney is facing another summary dismissal bid from the federal government, as the university foreshadows a novel argument that the group members are not employees.

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Dumpling chain fined $4M for ā€˜calculated scheme to rob employeesā€™
Employment 2024-04-10 11:45 pm By Sam Matthews

The collapsed companies behind dumpling chain Din Tai Fung have been hit with over $3.8 million in penalties after a judge found they engaged in a ā€œa calculated scheme to rob employees of their hard-earned wages and deceive the authoritiesā€.

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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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Jarryd Hayne supporter accused of spitting at alleged rape victim wins payout from Seven
Defamation 2024-02-20 10:48 am By Sam Matthews

A judge has ordered Seven Network to pay $35,000 to a man who said he was defamed by the broadcaster, finding that he ā€œspat towardsā€ but not at the alleged rape victim of rugby league footballer Jarryd Hayne.Ā 

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Sushi Bay slammed for ‘calculated’ effort to conceal underpayments
Employment 2024-02-19 10:58 pm By Cindy Cameronne

The Fair Work Ombudsman has won its underpayments case against restaurant chain Sushi Bay and its director, with a judge finding the company forced migrant workers to pay back their entitlements in cash in a ā€œcalculated and institutional effortā€ to conceal wrongdoing.Ā 

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No evidence Ben Roberts-Smith given full benefit of presumption of innocence, appeals court told
Defamation 2024-02-05 11:34 pm By Sam Matthews

The judge who found that disgraced soldier Ben Roberts-Smith committed war crimes in Afghanistan did not show ā€œfull consideration of the presumption of innocenceā€ in his defamation case, an appeals court has heard.Ā 

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Settlement talks fail in MPā€™s case over Mark Latham’s ‘notorious’ tweet
Defamation 2023-11-21 1:37 pm By Cindy Cameronne

Independent Sydney member Alex Greenwich and politician Mark Latham have failed to resolve their defamation stoush out of court over a “notorious” homophobic tweet by the NSW One Nation leader.

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Sydney jeweller harassed employee by confessing romantic feelings, court finds
Employment 2023-11-02 11:35 pm By Cindy Cameronne

The owner of a small jewellery retailer in central Sydney must pay a younger female employee $237,985 for sexual harassment after he slapped her on the buttocks and confessed romantic feelings for her, a judge has found.

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Journalist claims PTSD from bushfire reporting in suit against Ten
Employment 2023-10-23 10:33 pm By Sam Matthews

Ten wants to stay a sex discrimination claim brought by journalist Tegan George in light of separate personal injury proceedings seeking damages from the broadcaster over PTSD allegedly caused by reporting from the 2019-2020 bushfires.

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