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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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Indigenous fishing rights class action against NSW could cover 15,000 people, court told
Class Actions 2024-04-11 11:56 pm By Cindy Cameronne

A class action against the New South Wales government alleging it discriminated against Indigenous communities on the south coast for engaging in cultural fishing practices will include up to 15,000 people, a court has heard.

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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 “not absolute” 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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ABC can’t access training information in ex-soldier’s discrimination case
Human Rights 2024-03-26 4:38 pm By Sam Matthews

An appeals court has granted the Commonwealth’s bid to suppress material relating to its “conduct after capture” training in a discrimination case brought by a former ADF member, finding that a document is not in the public domain simply because it is available for inspection on the court file.

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Rocky Horror theatre company can’t duck Christie Whelan Browne’s victimisation claims
Employment 2024-03-13 3:48 pm By Cindy Cameronne

The theatre company behind a 2014 production of the Rocky Horror picture show has lost its bid to throw out actor Christie Whelan’s claims that she was victimised after allegedly suffering sexual harassment by fellow actor Craig McLachlan. 

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Referee who accused NRL of bullying loses unfair dismissal suit
Employment 2024-01-18 4:48 pm By Cindy Cameronne

A former National Rugby League referee has lost his unfair dismissal lawsuit alleging he suffered bullying and victimisation, with a judge finding the league did not terminate his employment but “acted passively” in letting his contract term end.

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Norton Rose partner who investigated bullying claim not ‘decision maker’ in sacking, court finds
Employment 2023-12-13 11:05 pm By Cat Fredenburgh

A judge has thrown out a former Norton Rose Fulbright digital marketing manager’s claims that she was sacked for making complaints about bullying, finding a partner who was appointed to investigate her claims of bullying was not involved in the decision to terminate her employment.

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Diplomat can’t hide behind immunity, must compensate domestic worker, court says
Employment 2023-11-06 3:24 pm By Sam Matthews

The former Indian High Commissioner to Australia has been ordered to pay compensation to a woman who toiled in his Canberra home for less than $10 per day for over a year, with a judge finding he could not avail himself of diplomatic immunity to avoid liability.

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Monash Health wins appeal over ‘sham’ restructure of library services
Appeals 2023-10-17 10:03 pm By Cindy Cameronne

Monash Health has won its challenge to a decision finding it wrongfully dismissed a librarian in a ‘sham’ redundancy.

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Ex-Greenwoods partner asks High Court to weigh in on whistleblower protections
High Court 2023-10-04 11:25 pm By Cat Fredenburgh

A former Greenwoods & Herbert Smith Freehills partner who claims he was sacked for complaining about Lendlease’s attempts to avoid tax liability has asked the High Court to overrule a judgment finding recent changes to whistleblower protections do not apply retrospectively to cover his claims.

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