Court and tribunal decisions page 135 of 376

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COVID-19 stand down designed to avoid big payout: FWC

The FWC has ordered a recruitment company to immediately end the stand-down of a state manager after rejecting its claim that COVID-19 left her with no work, finding instead that it sought to force her to resign.

Worker to repay FEG amount in Plutus washup

A worker must repay his $31,000 FEG payment after a tribunal found that he was employed by a retail chain and not by the now liquidated Plutus Payroll.

Employer had no obligation to consult with uncovered worker: FWC

In a decision underlining the perils faced by workers who are not covered by awards or enterprise agreements, the FWC has found an employer had no statutory obligation to consult an employee about its plans to make him redundant.


High Court to hear crucial bid to overturn severance ruling

The High Court will next month hear two special leave applications challenging findings that, in considering ordinary turnover of labour, employees' reasonable expectation of continuing work helps determine their entitlement to redundancy pay.

Estate agency sacked stellar seller after JobKeeper agitation

The FWC has ordered compensation for an award-winning Ray White real estate salesperson sacked after "stirring the pot" over plans to pass on only a proportion of JobKeeper payments to commission-based employees.

RBA's modest wage growth hopes; Vax test case; & more

RBA's modest wage growth hopes; Case to test employers' vaccination policies; Clerks award flexibilities extended until March; and Grace retains Palaszczuk Government's IR portfolio.

Judge declines recusal request as employer appeal dismissed

A full Federal Court has confirmed that 150 workers were entitled to be paid for the 20-minute bus ride to a major energy project's security gate at the end of each shift, after one of the judges rejected a request to recuse himself because he had acted for the employer during negotiations for the deal at the heart of the dispute.


Casuals' hours need not be predictable to be regular: Bench

An FWC full bench has emphasised that the pattern of a casual's hours need not be consistent or predictable for their work to be regular and systematic, clearing the way for a full-time worker first engaged as a casual to file an unfair dismissal claim.