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Meaning of ‘dismissed’ in unfair dismissal cases confirmed by FWC
Expert Insights 2022-05-04 4:38 pm By Editor

A full bench of the Fair Work Commission has reversed a decision that would have allowed employees who were lawfully demoted to challenge their demotions as unfair dismissals, in a significant finding that means employers will not be exposed to claims if they properly exercise their rights, writes McCullough Robertson’s Amber Sharp, Kerry O’Brien and Nathan Roberts.

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Ex-One Nation senator Brian Burston settles sexual harassment claims by staffer
Employment 2022-05-03 4:59 pm By Cat Fredenburgh

Former One Nation senator Brian Burston has resolved court proceedings brought by a former staffer Wendy Leach accusing him of sexual harassment and discrimination.

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‘Pyrrhic victory’ for unvaxxed aged care worker unfairly sacked: FWC
Employment 2022-05-02 10:03 pm By Cat Fredenburgh

The Fair Work Commission has found that aged care provider Baptcare unfairly dismissed an employee for refusing to comply with the company’s COVID-19 vaccination policy, but declined to order any remedies in a “pyrrhic victory” for the worker.

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Atanaskovic Hartnell appeals ‘campaign of denigration’ ruling against firm, founder
Employment 2022-04-29 9:46 pm By Christine Caulfield

Atanaskovic Hartnell is challenging a $160,000 judgment against the law firm and founding partner John Atanaskovic, who was found to have engaged in a campaign to “abuse, belittle and victimise” a former general manager.

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Former Nuix CEO has ‘no faith’ in pre-trial mediation in $180M case
Employment 2022-04-28 1:35 pm By Sam Matthews

The former CEO of Nuix has shot down the suggestion of pre-trial mediation, which he said was unlikely to resolve his $180 million claim against embattled tech company.

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‘High time’ to end uncertainty: Judge sets clock to run after class action abandoned
Class Actions 2022-04-27 11:52 am By Christine Caulfield

A judge has ruled that the discontinuance of a class action doesn’t lift the suspension of the limitations period on group member claims, and a court order that the clock run again is needed to ensure companies don’t face potential litigation in perpetuity.

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KPMG settles with principal allegedly subjected to ‘aggressive, belittling’ emails
Employment 2022-04-27 2:08 pm By Cat Fredenburgh

Accounting giant KPMG has resolved a lawsuit brought by a principal director who alleged he was told to “change and adjust” to “belittling” attacks by a partner on the debt advisory team.

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‘Don’t rock the boat’: Lawyer says Greenwoods & Freehills forced him out over Lendlease ‘tax dodge’
Tax 2022-04-26 2:29 pm By Christine Caulfield

A former Greenwoods & Freehills partner is suing the tax advisory firm and Lendlease, alleging he was effectively sacked after refusing to put his name to a tax return and making complaints that the construction giant was inflating its income and dodging tax.

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NAB hit with human rights suit over ‘boy’s club culture’
Employment 2022-04-20 3:42 pm By Sam Matthews

NAB is facing a human rights suit from a senior employee who alleges she was subject to years of discrimination because of her race, gender and French nationality and bullying, including having a baseball bat brandished at her.

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Sydney-based investment firm faces racial discrimination suit
Employment 2022-04-20 1:17 pm By Sam Matthews

The top brass of Sydney-based investment firm Curve Securities have been named in a racial discrimination lawsuit filed by a former employee.

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