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Sacked HWL Ebsworth special counsel loses ‘wholly unrealistic’ unlawful dismissal case
Employment 2019-09-03 10:24 pm By Amelia Birnie

A judge has thrown out an unlawful dismissal case brought by former HWL Ebsworth special counsel against the firm, describing his arguments as “trivial” and “wholly unrealistic”.

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Israel Folau claims termination of rugby contract was restraint of trade
Contracts 2019-08-29 9:59 pm By Miklos Bolza

Former Wallabies player Israel Folau has argued that the termination of his $5.7 million contract by a Rugby Australia Tribunal over social media posts in which he made a homphobic slur was an unreasonable restraint of trade.

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Third judge in Norton Rose ex-partner dispute refuses to step down amid accusations of ‘absurdly obtuse’ bias
Bernice Ng 2019-08-29 9:39 pm By Amelia Birnie

The third judge assigned to oversee a lawsuit filed against law firm Norton Rose Fulbright by a former partner has refused to recuse himself on the grounds of apprehended bias, despite being accused of behaviour that was “grossly disrespectful”, “absurdly obtuse” and “fundamentally lacking in logic”.

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Union slams Deliveroo’s ‘workforce of modern day slaves’ in wage theft case
Employment 2019-08-28 2:33 pm By Amelia Birnie

The Transport Workers Union has described the Deliveroo business model as “the biggest sham in the modern economy”, as it launched a new sham contracting case against the food delivery service on the back of its victory against Foodora last year.

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Courts says it won’t interfere with ALP vote to expel CFMEU boss John Setka
Employment 2019-08-27 10:58 pm By Christine Caulfield

CFMEU state boss John Setka has lost his court challenge to a vote to expel him from the Australian Labor Party, with the Victorian Supreme Court ruling it did not have the jurisdiction to rule on the case.

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Domino’s Pizza wants class action claims struck out, but judge not biting yet
Class Actions 2019-08-22 9:49 pm By Christine Caulfield

Arguing the pleadings are “evasive or ambiguous”, Domino’s Pizza has made a bid to strike out the statement of claim filed in a class action alleging franchisees underpaid thousands of workers across Australia for five years.

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Workers win landmark personal leave challenge against Cadbury maker Mondelez
Ai Group Workplace Lawyers 2019-08-21 10:14 pm By Cat Fredenburgh

In a majority ruling that will have significant ramifications for how companies calculate employees’ personal leave days, the Full Federal Court has found that the method used by food manufacturer Mondelez in granting the entitlement for its Tasmanian shift workers left them worse off than under the Fair Work Act.

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CFMEU launches union-funded class action against Workpac
Adero Law 2019-08-21 4:47 pm By Amelia Birnie

The CFMEU will fund a landmark multi-million dollar class action against labour hire company Workpac seeking repayment of leave entitlements it claims are owed to more than 600 coalminers, in the latest casual employee challenge to hit the courts.

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Senior partner denies deliberate delay in trial over rejected $4.45M Westpac settlement
Ashley Cameron 2019-08-20 8:45 pm By Miklos Bolza

A senior partner at a Sydney-based law firm has denied he made a “deliberate decision” to withhold advice from a former client suing for alleged breach of duties and conflict of interest over a rejected $4.45 million settlement in an employment dispute with Westpac.

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Sacked Russells lawyer wins round in case over dismissal
Employment 2019-08-20 4:05 pm By Christine Caulfield

A restructuring and insolvency solicitor who is suing Russells Lawyers for summarily dismissing him has largely won a discovery dispute over evidence in the case, with a judge ruling the lawyer could access communications between any of the partners related to his termination two years ago.

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