Case law page 5 of 26

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


Bench plants foot down on bid to vary agriculture award

A FWC full bench has rejected a farmworker's bid to scrap casual overtime award rates she claims prompted an employer to sideline her during a peak harvest period because she reached the maximum ordinary hours.

FEG should pay agent's delayed commissions: Court

Despite warning of an "unbounded period" of entitlement, DEWR has failed to overturn an AAT finding that a real estate salesperson is eligible for FEG payments reflecting sales commissions that did not fall due until properties settled after the 13-week statutory window.

Green light for 'retrenched' political candidate to sue investment bank

A NSW Greens candidate has won extra time to pursue an investment bank with a former Coalition IR Minister on its board, after it allegedly refused his parental leave application and retrenched him after he ran for local government and inquired about his rights.

Hot Wok costs rejected as judge ponders "pessimistic" approach

A Federal Court judge has speculated that he might have been "overly pessimistic" when he rejected suggestions that a FWC full bench displayed bias when sharing with parties its concerns about an already-approved agreement.


Full court blows hole in states' LSL cases

A Federal Court majority has today dealt a hammer blow to NSW's and Victoria's pursuit of employers alleged to have avoided long service leave entitlements to casuals, ruling that a tribunal's reading of the Fair Work Act's LSL provision produced an "absurdity" whereby employers received "no warning" they could be held criminally liable for supposed non-payments.

Thiess offers $850K to settle travel time case

FIFO workers employed on a remote LNG project a decade ago stand to split more than $850,000 after pursuing payment for the time it took to be bussed from their crib hut to a security gate at the end of each shift.

Employsure bullied me after parental leave request: Claim

Employsure has rejected a sales worker's claims that it subjected him to discrimination, bullying and coercion after he applied for parental leave and challenged a claimed unilateral downgrading of employees' conditions, and says it does not know how a record he kept of his treatment came to be destroyed.

IR statutes prefer registered unions: SDA

Australian workplace laws have a "legislative preference" for registered unions to act as a "specific vehicle" for workers seeking to enforce their rights under industrial instruments, the Federal Court has heard.