The Federal Attorney General has introduced the Sex Discrimination Act Amendment Bill 2010 into parliament proposing a number of changes to the regime which has existed for 26 years.

On 7 September 2009 the Construction, Forestry, Mining and Energy Union – Mining and Energy Division (the CFMEU) lodged applications on behalf of ten employees alleging that the termination of their employment by Ulan Coal Mines Limited (Ulan) on or around 25 August 2009 was unfair.

On 20 August 2008, the Federal Court determined that local councils are not constitutional corporations and therefore not 'employers' for the purposes of the Workplace Relations Act 1996 (Cth).

A discussion of a recent NSW case that went to the High Court and and the decision was overruled. (Kirk v Industrial Relations Commission; Kirk Group Holdings Pty Limited v WorkCover Authority of New South Wales (Inspector Childs) [2010] HCA 1 (3 February 2010)) the High Court overturned this decision, on the basis of the absence of an allegation as to a direct breach of the employer’s duty under the OHS Act in the circumstances of the death.

Recent penalties imposed by various courts have been significant even in cases where employers have seemingly made genuine errors and even in circumstances where the underpayments involved have been comparatively small. The judgements illustrate the need for vigilance by employers in ensuring that they are compliant with legislation and industrial instruments.

Communication of information and wearing campaign clothing constitutes industrial action.

The worker suffered injuries in a motor vehicle accident in the course of his employment. His employer, Tiger Tours, operated the vehicle while Caringbah Bus, an associated company of Tiger Tours, was the registered owner of the vehicle.

In the midst of the awakening Global Financial Crisis last year the Australian Stock Exchange (ASX) was made to answer criticisms that its policing of the Australia stock market was somewhat soft.

In this interlocutory application, the Master of the ACT Supreme Court determined that an assault inflicted by the second defendant following a motor vehicle collision was not an injury of the type that would trigger indemnity from the compulsory third party insurer.

The Full Bench of Fair Work Australia has overturned a decision of Commissioner Cargill in which she reinstated a worker who had breached safety procedures. The decision provides some certainty for employers in relation to those employees who flout safety rules.

The Queensland Supreme Court recently considered the liability of an employer and the contributory negligence of an employee in relation to a mining accident where an experienced mine worker passed two barriers before falling down a hole in the mine floor, known as a ‘stope’.

Adam Ramsay (previously known as Adam Attia) was employed by AVA as an IT professional from August 2008, on terms described in a common law employment contract drafted by a HR consultant with legal assistance. The applicant’s employment was terminated on 26 February 2010 for alleged "gross incompetence".

Financial penalties for employer regarding unfair dismissal of employee.

The case clarifies the test to establish factual causation, with general application in all jurisdictions in Austrralia.

Penalties levelled against Director and Human Resources Manager of liquidated company

The Health Practitioner Regulation National Law Act 2009 (‘the national law’) takes effect on 1 July 2010. The national law provides for the full operation of the national registration and accreditation scheme (‘the scheme’) for ten health professional groups.

Cameron v Asciano Services Pty Limited [2011] VSC 36 (21 February 2011). Malcolm Cameron was employed by Asciano Services Pty Limited between 26 October 1992 and 17 April 2009. He was engaged as a Business Development Manager.

The Federal Court has awarded compensation for hurt and humiliation in an adverse action ruling related to an employee being negatively assessed by his employer.

Damages awarded against previous executive employees for breach of non-solicitation clause

A company was fined and ordered to pay compensation plus interest and costs for dismissing an employee on sick leave.