Case law page 20 of 26

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


Employer entitled to stop paying remote allowance: FWC

An employer did not need to continue paying a remote area allowance to detention centre workers transferred to Darwin, despite a management email asserting their entitlements would not be "diminished", the FWC has found

Hearings set for not so "straightforward" bid to quash Woolies' deal

The FWC will set a week of hearings at the end of February to hear a RAFFWU bid to quash Woolworths' nominally-expired 2012 deal before a newly voted-up replacement is approved, with the retailer and the SDA saying they need time to consult the rest of the workforce.

Jobs Department's chief counsel met with Workpac post-Skene

The Jobs Department has told a Senate Estimates hearing that it met with labour hire company Workpac following the full Federal Court's crucial casual leave decision in Skene, but that it hasn't drafted a Bill to address the ruling.

Minister intervenes as employer tests casual leave ruling

IR Minister Kelly O'Dwyer is intervening in Workpac's bid to block a casual from winning leave entitlements or to "off-set" his claims with loading and flat rates already paid, while the CFMMEU says it will also seek to intervene to protect principles established in Skene.



Accountants liable for client's underpayments: Bench

In a significant win for FWO efforts to extend liability to advisors involved in underpayments, a Full Federal Court has today dismissed an accountancy firm's appeal against penalties imposed last year for failing to ensure a client met its award obligations.


Casual worker entitled to annual leave: Bench

Employers are warning of "massive liability" and instability for all who engage casuals and unions say it could be harder to use labour hire to "drive down costs", after a full Federal Court upheld a finding that a labour hire casual was in fact an employee entitled to annual leave payments.

Lack of HR expertise didn't excuse "shoddy" dismissal

A restaurant that required a chef to work more than 20 unpaid hours a week and summarily sacked him when he sought to pare it back and take leave was "blissfully unaware" of its award obligations, the FWC has found.