Case law page 11 of 26

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


Employers effusive after High Court's black letter ruling

Employers once said to be facing up to $38 billion in casuals' backpay claims have welcomed today's High Court confirmation that contracts are decisive in determining employment types, while workers' representatives have come out swinging.

High Court overturns Rossato ruling

The High Court has today unanimously upheld labour hire company Workpac's challenge to a finding that coal mineworker Robert Rossato was entitled to paid leave while engaged as a casual on consecutive contracts for almost four years.

Uber employment model faces blowtorch from crack legal team

Uber is again facing a challenge to claims it has no employment relationship with drivers, a rideshare workers' group going after the company for alleged record keeping and payslip breaches in a case seeking penalties to boost its advocacy war chest.

Newsflash: High Court to hand down Rossato judgment

The High Court will next Wednesday hand down its much-anticipated judgment in labour hire company Workpac's challenge to a finding that coal mineworker Robert Rossato had an entitlement to paid leave while engaged as a casual on consecutive contracts for almost four years.

Pubs tap FWC for loaded rates

Higher-paid hospitality workers' overtime and penalty payments would be rolled up into loaded rates under an award variation proposed by employers in response to COVID-19's impact on the industry.

Bench endorses employer's "commendable" sacking process

A FWC full bench has upheld a finding that a Toll health and safety representative was not entitled to be paid for attending the disciplinary meetings of another HSR, or grabbing a coffee after, and was after a "commendable" process rightfully sacked for falsifying his timesheets.

Bench upholds construction shiftwork ruling

A traffic management company seeking a deal paying night workers shift loadings instead of higher overtime rates even if they don't take over from a preceding shift has lost its appeal bid after refusing to give an undertaking to overcome the deficiency.

FWC favours renewing COVID-19 flexibility in key award

The FWC has tentatively decided, of its own motion, to reinstate a COVID-19 flexibility schedule to the graphic arts award, after it received an incompetent application from an industry representative body.

No adverse action where ignorant of rights exercised: Court

An employer has established it could not have taken unlawful adverse action after admitting it might not have sacked a geotechnician for poor attendance a day after she took personal leave if it knew of her illness.

FWO underpayment case should be scrapped: Recycler

The FWO "uncritically" accepted an employment agency's assertions about the correct award to apply to underpayment claims before prematurely issuing compliance notices, an employer alleges.