Case law page 20 of 25

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


Accountants liable for client's underpayments: Bench

In a significant win for FWO efforts to extend liability to advisors involved in underpayments, a Full Federal Court has today dismissed an accountancy firm's appeal against penalties imposed last year for failing to ensure a client met its award obligations.


Casual worker entitled to annual leave: Bench

Employers are warning of "massive liability" and instability for all who engage casuals and unions say it could be harder to use labour hire to "drive down costs", after a full Federal Court upheld a finding that a labour hire casual was in fact an employee entitled to annual leave payments.

Lack of HR expertise didn't excuse "shoddy" dismissal

A restaurant that required a chef to work more than 20 unpaid hours a week and summarily sacked him when he sought to pare it back and take leave was "blissfully unaware" of its award obligations, the FWC has found.

Visa worker "ripe" for exploitation: FWC

In a ruling criticising the practice of diplomats recruiting domestic workers from overseas, the FWC has ordered Iraq's consul-general to pay $20,000 to a Filipina live-in nanny dismissed after raising concerns about her entitlements.

Former union secretary fined for overpaying himself

The Federal Court has fined a former Flight Attendants' Association international division secretary $2000 for failing to submit six years of the union's budgets and overpaying himself $16,000 in 2011, taking into account his cooperation and "genuine belief" he was entitled to the sum.


Marketers' alleged 'control' of workers detailed in class action claims

Two big international direct marketing companies exercised control over workers who were engaged as independent contractors to sell products or solicit donations to major corporations and charities, according to documents lodged with the Federal Court.

Big fines for employer that withheld parental leave payments

The Federal Court has ordered a company and its director to pay substantial fines for failing to pass on more than $11,000 in parental leave payments to a cook and then concealing their actions after the FWO began asking questions.

Court shaves $645,000 off entitlements claimed via "absurd" maths

In rejecting as "absurd" the expert evidence of a forensic accountant who calculated that Ambulance Victoria owed an on-call media officer $800,000 in unpaid entitlements, the Federal Circuit Court has instead ordered the employer to pay her $155,000, including for time spent sleeping.