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Qantas sued for denying sick leave to stood-down workers
COVID-19 2020-04-28 3:33 pm By Miklos Bolza

Qantas breached the Fair Work Act by failing to pay personal carers leave and compassionate leave to employees stood down in response to the coronavirus pandemic, including one battling cancer and another awaiting triple bypass surgery, a court has heard.

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Aldi takes another shot at misleading conduct case against TWU
Appeals 2020-04-07 6:01 pm By Miklos Bolza

German grocery store Aldi Foods has appealed a Federal Court decision dismissing its case against the Transport Workers Union on a “legal technicality” despite a finding that material disseminated by the union was likely to mislead.

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Full Court says HWL Ebsworth lawyer was not sacked for political views
Employment 2020-03-13 2:30 pm By Miklos Bolza

The Full Federal Court has thrown out an appeal by a former special counsel of HWL Ebsworth, ruling the senior practitioner was reasonably fired for violating the firm’s media policy in press interviews and not because of his political views.

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ACCC strikes out again, loses misuse of market power case against Ramsay Health
Competition & Consumer Protection 2020-03-12 5:38 pm By Miklos Bolza

A court has tossed a case by the ACCC against Ramsay Health Care claiming that the global hospital group misused its market power by pressuring a group of doctors who planned to open their own day clinic.

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Union defeats Aldi’s misleading conduct case over driver safety flyers
Employment 2020-03-06 2:23 pm By Cat Fredenburgh

A judge has found that a series of flyers, media statements and protests from the Transport Workers’ Union raising concerns about truck driver safety were likely to mislead, but dismissed the German grocery store’s lawsuit after finding the statements were not made in trade or commerce.

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Six-year delay in judge’s ruling ‘deplorable’, Full Court says in Boral sex harassment case
Employment 2020-02-20 4:44 pm By Christine Caulfield

Wood products giant Boral Timber has been found vicariously liable for a male worker’s sexual harrassment of a female colleague, with an appeals court overturning a ruling that it said took a judge more than six years to deliver and “regrettably” brought the administration of justice into disrepute.

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Ex-Norton Rose partner can’t block King & Wood Mallesons from acting for former firm
Appeals 2020-01-07 10:17 pm By Cat Fredenburgh

A former Norton Rose Fulbright partner has lost his bid to block King & Wood Mallesons and two barristers from representing the law firm in a long-running feud over his termination, with an appeals court calling his allegations against the legal team “unfounded and misconceived”.

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Western Union manager could not have known no-show employee had mental illness, Full Court says
Employment 2019-10-24 5:21 pm By Miklos Bolza

International money transfer giant Western Union has successfully appealed a $160,000 judgment in an employment discrimination case, with the Full Federal Court finding the firm’s HR manager could not have known the employee, who was absent from work for seven months prior to the dismissal, actually suffered from a mental disability.

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MACH Energy attacks former director’s ‘inconsistent’ pleadings in $20M lawsuit
Employment 2019-05-16 4:47 pm By Miklos Bolza

Mining firm MACH Energy may move to strike out “inconsistent” pleadings in a $20 million lawsuit brought by its former managing director, Scott Winter, whose discovery delays have raised the ire of the judge hearing the case.

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Fair Work Ombudsman wins appeal over CFMEU penalty in Hutchison Ports strike case
Employment 2019-05-03 12:00 am By Christine Caulfield

An appeals court has handed a win to the Fair Work Ombudsman in its battle for a multimillion dollar penalty against the CFMEU for coordinated strikes at two Hutchison Ports shipping terminals, finding a judge’s fine of just $38,000 did not cut it.

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