In a landmark ruling, the Federal Court has found today that a Spotless subsidiary failed to meet its obligations under the NES to provide notice and severance pay to employees – some with 15 to 20 years service – when it lost a longstanding services contract at a major shopping complex.
Employers are not automatically entitled to reduce roster allowances when working hours fall below an agreement's "indicative" threshold, a court has found.
An FWC full bench majority has refused to accept that an employer's flawed investigation process, coupled with uncharacteristic behaviour purportedly sparked by mixing medication and alcohol, excused a coal miner sacked over profanity-laced threats to co-workers.
Some 90% of voting Coles workers have endorsed a new agreement that grandfathers over-award pay arrangements for current employees, improves penalty rates and provides a one-off $475 payment, but RAFFWU is expected to raise BOOT-related issues when it is submitted for approval.
In a decision further clarifying when and to what extent lawyers can become involved in FWC cases, the Commission says its rules do not stop parties seeking legal advice in the lead-up to hearings.
An FWC full bench has made a rare security of costs order against a social worker it calculated has "little prospect" of being granted permission to appeal a rejected unfair dismissal claim.
The FWC has ordered a council to reinstate a beach inspector summarily sacked after fixing air-conditioning units that heated instead of cooled its new vehicles, taking it to task over a deeply flawed investigative process that belied the HR and legal expertise available to it.
In an important ruling on out-of-hours conduct, the FWC has found that an employer didn't need to receive a complaint before investigating then sacking a worker for sharing a p--nographic video via social media with friends who included 19 male and female work colleagues.
In a decision sure to be closely analysed by employers, a court has ruled that a worker is entitled to accrued annual leave despite being paid a casual loading for 15 years.
