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Battle over counterclaims against group members could change class action landscape
Class Actions 2020-09-21 2:05 pm By Miklos Bolza

An upcoming legal battle over whether counterclaims can be brought against non-party group members in a class action against a unit of recruiter Tandem could hamper bookbuilding efforts by making class actions less attractive to group members, an expert has told Lawyerly.

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BHP worker sues after axing over COVID-19 social media posts
Employment 2020-09-18 10:37 pm By Christine Caulfield

A mine worker employed at BHP’s Olympic Dam is suing the company after she was sacked for allegedly harassing a co-worker on social media for their apparent failure to self isolate on returning from a trip interstate at the start of the first wave of COVID-19 cases in Australia.

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Founder of law firm Atanaskovic Hartnell could be a ‘model of civility’, ex-partner tells court
Employment 2020-09-18 7:30 pm By Miklos Bolza

Lawyer John Atanaskovic, the founded of Sydney firm Atanaskovic Hartnell, could come across as “rude” but he was other times a “model of civility and subordinance”, former equity partner Tony Hartnell has told a court during trial in a case by a former general manager alleging bullying and breach of contract.

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More briefs for female barristers, but fight for equal pay continues
Business of Law 2020-09-18 6:45 pm By Alison Eveleigh

The number of female barristers being briefed is climbing but they continue to be paid significantly less than their male counterparts, a new report by Australia’s peak legal body has revealed.

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Judge dismisses Macquarie bid for ‘irrelevant’ tax docs in underpayments suit
Financial Services 2020-09-17 2:39 pm By Alison Eveleigh

Three former Macquarie Bank financial advisors who claim the bank underpaid them have successfully appealed a decision ordering them to hand over personal tax assessments, with an appeals court finding that the most the bank could make of the documents was to ā€œinflict a degree of embarrassmentā€ on its ex-employees.

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Commonwealth Bank settles with ex-GM who blew whistle on bonuses
Employment 2020-09-17 2:12 pm By Cat Fredenburgh

Commonwealth Bank of Australia has resolved a lawsuit brought by a former general manager alleging he lost his job for blowing the whistle on a system allegedly used by staff to inflate their bonuses.

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Law firm partner went all caps in email blasting ‘menstrual based cycle’ billing, court told
Employment 2020-09-17 2:07 pm By Miklos Bolza

A former general manager suing law firm Atanaskovic Hartnell has amended her pleadings as trial in her case resumes Friday, expanding her claims and including details of an email in which the firm’s managing partner allegedly slammed her practice of billing clients on a “menstrual based cycle”.

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Lawyer not eligible for performance pay while suspended, FWC says
Employment 2020-09-16 11:03 pm By Christine Caulfield

A public sector lawyer has failed to persuade the Fair Work Commission that he was eligible for progression pay rises despite his suspension for alleged misconduct that included repeatedly requesting that a colleague accept his friendship request on Facebook.

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FWC ‘misconstrued’ general protections authority, Full Court says in win for Coles
Employment 2020-09-14 6:00 pm By Christine Caulfield

A landmark judgment by the Full Federal Court has found that a full bench of the Fair Work Commission “misconstrued” its own authority to make general protections findings about the dismissal of employees.

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Seyfarth Shaw lures workplace health and safety partner from Sparke Helmore
Employment 2020-09-14 4:37 pm By Alison Eveleigh

International law firm Seyfarth Shaw has snagged a leading workplace health and safety partner from Sparke Helmore to expand its Melbourne team.

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