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


DEWR enjoys court win in FEG clawback case

The taxpayer-funded FEG scheme has won court orders putting it in the box seat to claw back more than $600,000 in unpaid wages and entitlements handed out to the former employees of a liquidated company.

No allowance for paramedic upskilling 200km from home

The FWC has found a paramedic is not entitled to a living-away-from-home allowance as he chose rather than was directed to undertake additional training his employer provided 200 kilometres from his residence.

Nurses seeking LSL broke continuity of service: Court

The Federal Court has held that two Victorian public sector nurses broke their continuous service while taking time off to have children and recover from surgery as casuals, dismissing an ANMF bid to sue a health service for denying them long service leave.

"Genuine" apology helps reduce fine for sports giant

A "wealthy" global sports company's mistaken belief that a sacked manager took unapproved days off has contributed to a judge finding that it should be hit with only 25% of the maximum penalty for taking three months to pay out his annual leave entitlements.

Firies entitled to compensation for additional hours: Bench

A FWC full bench has hosed down a commissioner's allegation that a failure to provide a worker 14 hours of "leisure time" bordered on "wage theft", but has upheld his finding that the worker should have received the additional leave.

Audit identifies award intersection with disconnect right

The FWC is inviting submissions by June 11 on a "right to disconnect" audit of all 155 modern awards focusing on terms involving spans of hours, notice, supervisory duties, and requirements to remain on call, on standby or return to duty.

$230M class action settlement a "seismic shift": Lawyers

Lawyers behind an underpayments class action on behalf of more than 20,000 junior doctors say a $230 million settlement reached with NSW Health is the largest in the nation's legal history and represents a "seismic shift".

Court backs FWC role in case that led to HR manager referral

In a significant judgment on the FWC's powers, a full Federal Court has today dismissed a major hospitality group's claim that a Commission bench exhibited bias when it voiced its concerns about an already-approved agreement ultimately revealed to have been voted up by three venue managers and a payroll employee not covered by it.

"Gov lawyer" claim to be investigated

A café owner penalised for ignoring a FWO compliance notice has been referred to a legal profession regulator after variously describing herself as a "Commonwealth public prosecutions Lawyer" and "Gov lawyer" in emails to a court.

Maximum fine for diplomat who kept worker in "slave-like conditions"

A court has hit a former Indian High Commissioner with maximum fines for entrapping a worker in "powerless domestic servitude" in the guise of a diplomatic posting, paying her $9 daily to keep his palatial Canberra home 17.5 hours a day, seven days a week.