Case law page 6 of 26

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




Judge criticises watchdog's pursuit of "excessive" fines

A judge has criticised the FWO for seeking "excessive" penalties against two restaurant businesses and reduced the penalties from the $250,000 the FWO sought to just $32,000 after it emerged that their director is broke and had been contemplating suicide.

HR managers lack "quite specific" advocacy skills: FWC

A 63-year-old worker's summary "time theft" sacking has been upheld after the FWC ruled that his multinational employer's HR team lacked the firepower to argue its case against a union's experienced industrial advocate.

Hobbled marine pilot entitled to extra leave: Tribunal

A State corporation, in the face of medical evidence, lacked the discretion to deny extra sick leave to a worker with a bad leg break that it believed didn't meet the definition of a serious long-term injury, the FWC has found.

Super Retail in the gun for subsidiaries' underpayments

In what it claims is its first litigation seeking to have a holding company found responsible for its subsidiaries' breaches, the FWO has initiated court action against ASX-listed Super Retail Group for self-reported underpayments of more than $1 million that led to an internal audit and backpayments exceeding $50 million that the watchdog says remain short of the mark.


HR manager ducks questions amid self-incrimination fears

A HR manager facing potential criminal charges has before a FWC bench refused to answer nearly 100 questions seeking to establish whether he lied on the application form for a contentious agreement that provides for employees to work "voluntary" additional hours without penalty rates.


Employer told to cough up for testing time

In a significant decision on the nature of work, the FWC has found that the nursing home at the centre of one of Queensland's deadliest COVID-19 outbreaks should have paid employees for the time spent taking rapid antigen tests before the start of their shifts.