Case law page 17 of 26

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



WHS Act no shield from cruel conditions, says employer

A McDonald's franchise that says it can otherwise stop workers from going to the toilet if it provides a 10-minute paid break contained in their agreement has told a court that Queensland's WHS Act does not entitle employees "to be protected from cruel and inhumane working conditions".

Mondelez and Porter put their case to High Court

IR Minister Christian Porter and a major food manufacturer have told the High Court that sick and carers leave must be calculated on average hours, not calendar days, in their challenge to a decision claimed to potentially leave employers an extra $2 billion out of pocket each year.

Court whacks underpaying directors who pocketed worker's tax refund

Service station owners who required a visa-dependent employee to hand over his tax refund and cover the cost of drive-offs have been ordered to compensate the former console operator and his fellow-worker wife more than $50,000 after a court found them accessorily liable for underpayments.

GM wins penalties after "vengeful" denial of entitlements

The former "right-hand" man to a Gold Coast tobacco mogul who styles himself as "the candyman" has won $90,000 in penalties and 10% of his costs for an adverse action case he won two years ago in which a court found the employer "fabricated" a reason to dismiss him.

High Court agrees to hear personal/carer's leave case

The High Court has today granted the Morrison Government and a major food manufacturer special leave to appeal a contentious decision on calculating sick and carers leave, claimed to potentially cost employers an extra $2 billion a year.

Non-profit sacked me after audit warning, claims artist

A one-day-a-week art tutor who claims she repeatedly refused to switch to an individual contract is suing a non-profit organisation for adverse action and sham contracting by allegedly failing to pay super or leave entitlements and sacking her when she accused them of breaching the Fair Work Act.

Big employer needed "open mind" on leave timing: Court

The Federal Court has fined Airservices Australia for consciously failing to consult workers before forcing them to take leave during a Christmas/New Year shutdown period, observing there was "no point" in doing so once they returned to work.

"This proceeding has developed elephantiasis": Judge

A judge has rebuked the FWO over its handling of a case brought against a silo manufacturer accused of underpaying two workers less than $13,000, observing that the "sorry saga" had "developed elephantiasis" and it was time it was brought to an end.

Union calls on government to intervene in Deliveroo case

The TWU is calling for Federal Government intervention as it prepares to appoint a legal team to represent a non-member Deliveroo rider who launched a sham contracting test case claiming he should have been paid as a casual, rather than per delivery as an independent contractor.