Case law page 23 of 26

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


Bench to examine employment abandonment clauses

FWC President Iain Ross has asked a full bench to review abandonment of employment clauses in six modern awards after a recent ruling that employers must take the "additional step" of ending the employment relationship when a worker walks off the job.

High Court refuses Anglo's special leave bid on cashing-out

Anglo Coal is facing a seven-figure backpayment, after the High Court refused to grant it special leave to appeal a finding that a subsidiary breached its enterprise agreement by failing to pay employees correctly when they cashed-out personal/carer's leave.



No FEG payout for spouse of Muslim husband with second wife

A court has refused a Fair Entitlements Guarantee payment to an estranged spouse who was working for her husband when his business collapsed but claimed her marriage effectively ended after he took a second wife two years ago.

Court slams "shameless" sham scheme

A cleaning company that shamelessly exploited a vulnerable workforce made "inept attempts” to avoid the legal consequences when it claimed its employees were independent contractors, the Federal Court has found.


$90,000 fine for underpaying trolley collectors

A contractor "knowingly involved" in underpaying vulnerable supermarket trolley collectors and a subcontractor who "deliberately" produced false payment records and underpaid employees have been fined more than $90,000 by the Federal Court.


Cashing-out error underpaid workers by 30%: Court

The Federal Court has ruled that an Anglo Coal subsidiary breached its enterprise agreement by failing to pay employees who cashed-out personal/carer's leave the same amount as if they had worked their regular shift lengths.