Case law page 12 of 26

253 articles are classified in All Articles > Entitlements and standards > Case law


FWC bench invites comment on FDV leave research

Parties have been given until next Monday to provide feedback on questions being used to frame research commissioned by the FWC as part of its major review of family and domestic violence leave entitlements.

Sacking cancer-stricken worker adverse action: Court

A diamond retailer held to have sacked a sales manager diagnosed with breast cancer because she planned to take leave to recover from surgery is facing penalties and a compensation bill in the Federal Circuit Court.

FWC boosts part-time flexibility in retail award

Retail employers and their part-time employees will be able to agree to extra hours by text message or email, under changes to the industry award that followed a request from the IR minister.

AAT fires another shot at FEG scheme "inequity"

A senior tribunal member has expressed exasperation over legislators' continued failure to address shortcomings in the Fair Entitlements Guarantee scheme after being forced to hand down an "unfair and unjust" decision denying two workers almost $70,000 in redundancy entitlements due to a liquidator's actions.

Donning/doffing PPE is working time: Bench

A full bench has quashed a finding that a meatworker is not entitled to payment for time involved in putting on and removing PPE during a half-hour unpaid meal break, but has held an employer's silence did not give the FWC power to arbitrate on the before- and after-work requirement.

IBM case to test "common" misclassification of IT workers

Professionals Australia is running a test case on behalf of a software engineer who is suing IBM for more than $100,000 in leave entitlements he claims to be owed due to a decade's misclassification as a contractor before being engaged on a permanent full-time basis in 2010.

Challenge to retrospective law on casuals "still in development"

The law firm behind multiple class actions alleging the misclassification of casuals says it still expects to mount a High Court challenge to the Morrison Government's retrospective legislative changes that shave potential windfalls from multi-million dollar entitlement claims.

Tribunal delivers blow to gig platform's employment model

Deliveroo says it won't accept a FWC finding that a sacked rider was an employee entitled to protection from unfair dismissal or that it reflects how riders work in practice, but the TWU says the ruling puts Australia in line with other countries that recognise gig workers' rights.

FWC amends award to address disability workers' issues

An FWC full bench has decided to insert broken shift allowances, boost minimum engagements and improve sleepover conditions as part of its four-yearly review of the Social, Community, Home Care and Disability Services Award.

Union to seek urgent dispute hearing after injunction bid

The Federal Court has today refused a rail union bid to stop the retrenchment and redeployment of employees of Melbourne public transport operator Metro Trains, after the company gave an undertaking it wouldn't proceed while the RTBU seeks an expedited dispute hearing in the FWC.