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Battle over counterclaims against group members could change class action landscape
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.
Fight brewing over whether group members can face cross-claims in Tandem class action
A subsidiary of workforce management company Tandem, which contracts with Telstra and Optus, has foreshadowed future cross-claims against group members who claim they were misclassified as contractors and denied employment benefits.
Foxtel, Optus contractor criticises ‘opportunistic’ new sham contracting class action
Communications and technical services company BSA Limited has slammed as "opportunistic" an employment class action by allegedly underpaid technicians, saying the media was informed of the proceedings before it was.
Costs orders should be the exception in funded Fair Work cases, judge says
The parties in a ‘sham’ contracting class action brought on behalf of telecommunications workers have both lost bids to recover interlocutory costs, with a judge noting that costs orders against funded litigants should be the exception rather than the rule in Fair Work litigation.
Workpac takes casual worker case to High Court
Labour hire company WorkPac has asked the High Court to weigh in on a decision that grants entitlements to casual workers with regular shifts, a ruling it says could have a "devastating impact" on companies if allowed to stand.
Casual workers win big in leave entitlements test case
In a major blow to Australian businesses, the Full Federal Court has ruled that casual employees who work regular shifts are entitled to paid annual, personal and compassionate leave under the Fair Work Act.
Tandem unit loses bid to de-class ‘sham’ contracting class action
A unit of Telstra contractor Tandem has lost its bid to de-class a 'sham' contracting class action brought on behalf of telecommunications workers who claim they were denied benefits by being misclassified as contractors.
Australia Post must pay damages after firing manager in face of union threats
A court has found Australia Post breached the employment contract of a compensation manager dismissed after "likely" threats by the CEPU resulted in the cancellation of a project targeting thousands of injured postal workers.
Judge quashes watchdog’s decision to probe AWU over GetUp! donations
An investigation into donations made to activist group GetUp! by the Australian Workers' Union more than a decade ago has been closed down by a judge, who has also ordered the return of documents seized in high-profile raids of the union's offices.
Lawyers behind competing Workpac class action in talks to jointly-run cases
The judge overseeing competing employment class actions on behalf of casual coal miners against WorkPac has ordered the law firms running the cases to consider a proposal to jointly run the proceedings.