Case law page 12 of 26

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


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.

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.