Case law page 26 of 30

298 articles are classified in All Articles > 2020 coronavirus pandemic > Case law


"Manipulation" risk in reversing virus pay cut: FWC

An employer that cut a manager's wages by 15% due to COVID-19, but then restored her old rate when it made her redundant, has failed to establish that her pay exceeded the high-income threshold because to do otherwise would allow "manipulation" to deny her the chance to challenge her dismissal.

"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.

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.

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.

Victorian outbreak highlights continuing uncertainty: Clerks bench

In reasons now published for extending COVID-19 variations to the clerks award despite ASU arguments they are no longer needed, an FWC full bench says Victoria's "second surge" in cases highlights continuing risk and uncertainty.

Court rejects Qantas Group bid to sideline FWC

The Federal Court has ruled today that the FWC has the power to arbitrate a dispute between the ALAEA and Qantas and Jetstar over coronavirus-related stand downs.


FWC rebuffs coronavirus-hit employer's zero payout bid

The FWC has rejected a Tasmanian produce company's bid to avoid paying redundancy entitlements due to a "paucity" of evidence that it cannot pay and faces insolvency after a 100% coronavirus-related revenue hit.

FWC pares back JobKeeper hours reduction

An employer that "overplayed its hand" when it issued a JobKeeper-enabling stand-down direction cutting a full-time worker's hours by 50% has been ordered by the FWC to pare back the reduction to 20%.

FWC applies brake to university redundancies

The FWC has stopped Deakin University from moving ahead with hundreds of redundancies until the resolution of a dispute over whether it must consult at an institution-wide level with the NTEU before reaching a final decision.