Restructuring process and dismissal may have been “unfair” but did not constitute prohibited adverse action *

Australia - March 6 2013
The Federal Magistrates' Court has found that a restructuring process and the subsequent dismissal of an employee may have been unfair, subjective…

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New discrimination laws and gender reporting requirements released by Commonwealth Government *

Australia - November 27 2012
The Commonwealth Government has implemented two significant developments in discrimination law by releasing an exposure draft of harmonised anti-discrimination legislation and by introducing new gender reporting requirements.

Co-authors: Andrew Gray.

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"Future employees" not entitled to participate in vote for approval of enterprise agreements *

Australia - May 14 2012
A Full Bench of Fair Work Australia (FWA) has overturned a decision at first instance, finding that an enterprise agreement can only be made by a vote of employees who are covered at the time of the vote.

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Employee lawfully dismissed for offensive Facebook posts *

Australia - September 7 2011
The employee posted explicit, insulting and threatening comments about his employer and another employee on his Facebook page from a personal computer

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Unions can resort to protected industrial action before bargaining commences *

Australia - July 8 2011
A Full Bench of FWA has confirmed a decision at first instance which granted a protected action ballot order before the commencement of bargaining when the employer had refused to bargain.

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