Employment

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.

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.

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.

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.

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.

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".

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”.

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.

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.

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applicant in a sham contraction class action against Appco with costs for forcing the company to file a defence to a superseded pleading, saying the usual "no costs" rule in Fair Work cases had less force in actions backed by third party litigation funders.