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Union accuses McDonald’s of unpaid rest break ‘conspiracy’
Employment 2021-11-23 1:48 pm By Bianca Hrovat

McDonaldā€™s Australia has been joined as a second respondent in a union-led lawsuit that accuses the fast food giant of ā€œconspiring to deliberately deny workers their breaksā€.

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Tax commissioner defamed accountant Vanda Gould but has valid defence
Defamation 2021-10-25 3:51 pm By Bianca Hrovat

Embattled Sydney accountant Vanda Gould has lost his defamation case against the Commissioner of Taxation, with a court finding Chris Jordanā€™s defamatory comments constituted a ā€œrobustā€, but proportional, counter-attack to Gouldā€™s public disparagement of the Australian Tax Office.

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Class action against On The Run wants to drop claims by trainees
Class Actions 2021-10-12 3:18 pm By Miklos Bolza

Class action claims brought by trainees against convenience store chain On The Run may be discontinued because of high costs and lack of commonality if an application before the Federal Court is successful.

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NAB faces re-trial in adverse action case by worker who committed data breach
Employment 2021-10-12 4:05 pm By Miklos Bolza

A former financial planner found to have engaged in a data breach at National Australia Bank will have her adverse action lawsuit against the bank partially reheard after an appeals court found the judge who tossed the case failed to properly consider why she was fired.

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‘Horribly offensive’: Peter Dutton tells court of hurt at rape apologist tweet
Trials 2021-10-06 3:37 pm By Cindy Cameronne

Defence minister Peter Dutton has given evidence of his “hurt” at trial in a defamation case over a tweet accusing him of being a rape apologist, while the judge presiding over the hearing has warned lawyers for the tweeter to act as solicitors not “supporters”.

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Full Court slams judge’s reasons as ‘disordered stream of consciousness’
Employment 2021-09-07 6:10 pm By Miklos Bolza

The Full Federal Court has issued a severe rebuke to a judge for his decision in an employment dispute, calling the judgment a “disordered stream of consciousness” and saying it had no choice but to send the matter back for a retrial.

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Appeal dismissed in dispute over $81.8M Parklea Markets sale
Appeals 2021-08-18 9:33 pm By Miklos Bolza

Sydney retail personality Con Constantine has lost an appeal seeking to bolster a $4.25 million judgment in his favour over the $81.8 million Parklea Markets sale in 2016.

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Lawyer who admitted to professional misconduct loses bid for costs from public fund
Legal Ethics 2021-08-06 5:10 pm By Miklos Bolza

A solicitor who admitted to allegations of professional misconduct has lost a NSW Court of Appeal bid for the costs of a NCAT proceeding to be paid from the stateā€™s Public Purpose Fund, despite twice winning appeals of the tribunal’s findings.

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TechnologyOne wins challenge to $5.2M judgment in exec’s unfair dismissal case
Employment 2021-08-05 9:29 pm By Miklos Bolza

Australian software company TechnologyOne has succeeded in its challenge to a $5.2 million judgment in an unfair dismissal case by a former high ranking executive, with an appeals court sending the matter back for a retrial.

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High Court deals crushing defeat to casual workers
Employment 2021-08-04 10:51 am By Miklos Bolza

The High Court has found casual employees who work regular shifts are not entitled to paid annual, personal and compassionate leave under the Fair Work Act, putting the fate of seven class actions by casual miners in question.

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