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Judge has ‘real misgivings’ about security for costs bid in casual worker class actions
Class Actions 2019-06-17 10:08 pm By Miklos Bolza

A judge has baulked at an application by labour hire company Chandler Macleod and BHP unit Mt Arthur Coal seeking security for their legal costs in two casual worker class actions, saying Fair Work cases were not the same as shareholder class actions.

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Ryan Wilks loses appeal after sacking employee for ‘inoffensive drunkenness’ at work party
Employment 2019-06-17 3:55 pm By Christine Caulfield

The Fair Work Commission has dismissed an appeal by Ryan Wilks challenging a finding that the electrical and engineering company unfairly sacked an employee for getting drunk at a work function hosted by the Sydney Opera House, a major client.

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Sydney law firm to countersue ex-clients in dispute over $4.45M Westpac settlement offer
Employment 2019-06-07 9:30 pm By Miklos Bolza

A Sydney-based law firm is planning to file a cross-claim seeking legal costs from five former clients it represented in an employment lawsuit against Westpac, who are accusing the firm of negligence in rejecting a $4.45 million settlement offer.

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Uber drivers are not employees, Fair Work Ombudsman finds
Employment 2019-06-07 9:08 pm By Amelia Birnie

Unions have called for urgent legislative reform after the Fair Work Ombudsman declined to take compliance action against Uber, finding that the ride-share giant’s drivers were independent contractors, not employees, under Australian law.

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Israel Folau takes Rugby Australia to Fair Work Commission over sacking
Employment 2019-06-06 10:38 pm By Christine Caulfield

Rugby player Israel Folau, who was sacked after sharing a homophobic Instagram post, has brought unfair dismissal proceedings alleging Rugby Australia and the NSW Waratahs terminated him because he is a Christian.

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Ex-HWL Ebsworth partner wins $450,000 for ‘irrational’ termination
Employment 2019-06-06 9:15 pm By Miklos Bolza

A former partner expelled from HWL Ebsworth has been awarded $450,000 in damages after the NSW Supreme Court found the reasons for the termination were “irrational and wrong”.

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Fair Work Commissioner cleared of bias over ‘smokebomb’ comment
Employment 2019-06-05 9:34 pm By Cat Fredenburgh

The Fair Work Commission has dismissed an appeal by the Construction, Forestry, Maritime, Mining and Energy Union challenging a decision by a commissioner to not recuse herself from hearing a construction site dispute with Watpac after commenting that the union’s complaint about safety concerns at the site appeared to be a “smokebomb”.

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Israel Folau suits up for legal battle with Rugby Australia
Employment 2019-06-05 3:59 pm By Miklos Bolza

Sacked rugby player Israel Folau has hired commercial law firm Macpherson Kelley as he considers legal action against Rugby Australia and the NSW Waratahs over his allegedly unlawful termination.

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Piper Alderman partner rejected offer to leave on a ‘dignified basis’, court told
Business of Law 2019-06-03 9:22 pm By Amelia Birnie

A senior Piper Alderman partner who has launched a sex discrimination case against the law firm rejected “reasonable settlement offers” that would have allowed her to leave the partnership on a “dignified basis”, counsel for the firm has told a court.

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Judge hits funder-backed Appco class action with costs despite ‘no costs’ rule
Class Actions 2019-05-31 5:07 pm By Amelia Birnie

A judge has hit the applicant in a sham contraction class action against Appco with costs for forcing the company to file a defence to a superseded pleading, saying the usual “no costs” rule in Fair Work cases had less force in actions backed by third party litigation funders.

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