ALDI has secured a stay on a full Federal Court order overturning the approval of a controversial enterprise agreement covering employees at its new distribution centre in South Australia until its application for special leave to the High Court is determined later in the year.
In an important case for employees seeking unpaid long service leave under the Fair Entitlements Guarantee Act, the Federal Court has affirmed that the administrator of a failed company expunged its long-service liability when it sold the business to a new operator.
An FWC full bench has accused the CFMEU of seeking to "disguise" what would be an exercise of judicial power over entry rights as an administrative matter and of relying on a "red herring" argument.
The ABCC is seeking special leave from the High Court to seek to overturn a recent decision that stymied the watchdog's push to prohibit unions from paying fines imposed on officials for unlawful conduct.
Anglo Coal is facing a seven-figure backpayment, after the High Court refused to grant it special leave to appeal a finding that a subsidiary breached its enterprise agreement by failing to pay employees correctly when they cashed-out personal/carer's leave.
The Federal Court has awarded a ship's officer $100 in nominal damages for her employer's breach of her employment contract, finding it could not have foreseen that its flawed investigation of allegations she was bullied by her captain would lead her to stop working in the maritime industry altogether.
An FWC full bench has ordered a nurse intent on having her "day in court" to pay $5,000 in legal costs for pursuing an appeal with no reasonable prospects of success, despite threats she would take her own life if costs went against her.
Victoria's Court of Appeal has awarded a chief information officer more than $477,000 because his employer failed to honour a verbal agreement about his entitlements.
A full Federal Court has found a Catholic employer terminated the employment of a school coordinator who had been charged over indecent assault of a minor, opening the way for him to pursue his unfair dismissal claim in the Fair Work Commission.
A court has found that a driver engaged as a casual under a labour hire arrangement is an employee who is entitled to annual leave payments under the Fair Work Act.