Case law page 11 of 25

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


Pubs tap FWC for loaded rates

Higher-paid hospitality workers' overtime and penalty payments would be rolled up into loaded rates under an award variation proposed by employers in response to COVID-19's impact on the industry.

Bench endorses employer's "commendable" sacking process

A FWC full bench has upheld a finding that a Toll health and safety representative was not entitled to be paid for attending the disciplinary meetings of another HSR, or grabbing a coffee after, and was after a "commendable" process rightfully sacked for falsifying his timesheets.

Bench upholds construction shiftwork ruling

A traffic management company seeking a deal paying night workers shift loadings instead of higher overtime rates even if they don't take over from a preceding shift has lost its appeal bid after refusing to give an undertaking to overcome the deficiency.

FWC favours renewing COVID-19 flexibility in key award

The FWC has tentatively decided, of its own motion, to reinstate a COVID-19 flexibility schedule to the graphic arts award, after it received an incompetent application from an industry representative body.

No adverse action where ignorant of rights exercised: Court

An employer has established it could not have taken unlawful adverse action after admitting it might not have sacked a geotechnician for poor attendance a day after she took personal leave if it knew of her illness.

FWO underpayment case should be scrapped: Recycler

The FWO "uncritically" accepted an employment agency's assertions about the correct award to apply to underpayment claims before prematurely issuing compliance notices, an employer alleges.

FWC bench invites comment on FDV leave research

Parties have been given until next Monday to provide feedback on questions being used to frame research commissioned by the FWC as part of its major review of family and domestic violence leave entitlements.

Sacking cancer-stricken worker adverse action: Court

A diamond retailer held to have sacked a sales manager diagnosed with breast cancer because she planned to take leave to recover from surgery is facing penalties and a compensation bill in the Federal Circuit Court.

FWC boosts part-time flexibility in retail award

Retail employers and their part-time employees will be able to agree to extra hours by text message or email, under changes to the industry award that followed a request from the IR minister.

AAT fires another shot at FEG scheme "inequity"

A senior tribunal member has expressed exasperation over legislators' continued failure to address shortcomings in the Fair Entitlements Guarantee scheme after being forced to hand down an "unfair and unjust" decision denying two workers almost $70,000 in redundancy entitlements due to a liquidator's actions.