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Qantas seeks court's guidance on JobKeeper obligations

Qantas has launched a Federal Court case against the FAAA to clarify whether it can keep paying fortnightly penalty rates in arrears while receiving JobKeeper, as the ASU accuses it of "stealing" by counting them against the wrong top-up period.

HR manager accused of "smirking" ordered to give evidence

An HR manager who resigned from her job has been ordered to give evidence in the case of an injured worker who claims she "smirked" when informing him at his dismissal meeting that he would not be getting any further support.

Full court fuels questions over independent contractors

A full Federal Court led by Chief Justice James Allsop has expressed disquiet about how employment relationships involving labour hire companies and the rising gig economy are assessed, noting that only respect for decisions by other appeal courts prevented it reaching a different conclusion about a backpacking labourer's status.

Valid to sack worker whose threats invoked serial killer Milat

A business that "outgrew" its informal HR processes got its fingers burnt when a young employee's welfare became endangered by its tolerance of the escalating misconduct of a worker who threatened to give him "the Ivan Milat treatment", the FWC has found.

"Impracticability" of sanitising a koala led to redundancy: FWC

The "obvious impracticability" of sanitising a koala helped to justify a pandemic-affected wildlife sanctuary's decision to make redundant a worker responsible for co-ordinating photographs of visitors holding its main attraction, the FWC has found.

Contracted drivers are employees: Full court

In a significant ruling on the standing of independent contractors, a full Federal Court has upheld an appeal by two truck drivers pursuing unpaid leave and superannuation entitlements after working exclusively for a multinational company for almost 40 years.

Stand-down burden fell unfairly on single team member

In a decision reinforcing the need for pandemic-affected employers to spread the burden fairly, the FWC has found that a multi-billion-dollar business should have reduced hours across a head office team instead of standing down one of its members for an indefinite period.

FWC upholds sacking of traumatised whistleblower

The FWC has upheld Essential Energy's dismissal of a whistleblowing risk manager deemed unable to perform her job's inherent requirements after suffering PTSD and taking extended leave following a finding that she breached its code of conduct.

"Overloaded" Virgin manager seeking $250,000 compensation

An account manager who is suing Virgin Australia for alleged pregnancy discrimination and adverse action says it imposed an excessive workload when she returned from her first period of parental leave and made her redundant during her second.

Bench finds JobKeeper direction unreasonable

In a decision highlighting the need for JobKeeper-enabling directions to be reasonable, an FWC full bench has quashed a finding that Prosegur rightly required full-time, part-time and casual armoured vehicle operators to work a minimum 25 hours a week.