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Long service ruling exposes Optus to daily fines

Optus has failed in its bid to overturn a finding that short-changing workers' long service leave entitlements when they leave the telco might count as a continuing offence under Victoria's LSL legislation, potentially leaving it to clock-up daily fines until it rectified the alleged issue.

Damages payout boosted for previously "vibrant" accountant

A court has upped from $20,000 to $90,000 the general damages payout for a veteran chief accountant subjected to age discrimination and is considering billing his former employer a further $142,000 for economic loss, after hearing he is "no longer the same man" and is unable to work.

Unconscious bias ruling upheld on appeal

Victoria's appeal court has upheld a ruling that an employer treated a manager unfavourably because of her s-x, when it ignored her repeated attempts to negotiate over-agreement pay rates, despite affording higher rates to male colleagues.

"Ostrich-like" lawyer denied second bite at case

A criminal lawyer with an "ostrich-like" attitude has failed to convince a judge to reconsider a default judgment ordering him to pay two former employees penalties, costs, long service leave and super totalling more than $70,000.

Bench slams gate on extra duties

In a decision closely examining when employees can be directed to perform extra duties, a FWC full bench has ruled that a maintenance worker could refuse to remotely monitor an automated gate at a gas supplier's facility.

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.

Striking wharfies "penalised twice" under Qube approach: Bench

Stevedoring giant Qube has failed to overturn a ruling that it should have slashed the minimum number of hours salaried dockworkers needed to work in a year after withholding their pay over 11 weeks of protected industrial action.


Tribunal to reconsider whether it can expunge warning

In a significant ruling on its powers, the NSW IRC will reconsider a nurse's victimisation claims after overturning a finding it lacked the power to order that a disciplinary warning be removed from her file.

Drivers shunted into COVID-19 siding fail to win lost pay

In a decision exploring what constitutes a disciplinary investigation, a FWC full bench has quashed a finding that a public transport agency must pay a group of train drivers blocked from attending work after failing to comply with its COVID-19 vaccination policy.