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New COVID-19 crisis might justify paid pandemic leave: Bench

Surging coronavirus cases in Victoria have today prompted an FWC full bench to seek urgent submissions on a provisional view that it should now vary the aged care award to provide paid pandemic leave for employees, including casuals, who must self-isolate.

"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.

Unguarded moment costs worker his job

The FWC has upheld Serco's dismissal of an immigration detention centre security guard who almost let a detainee escape from hospital.

Qantas seeks court's guidance on JobKeeper obligations

Qantas has launched a Federal Court case against the FAAA to clarify whether it can keep paying fortnightly penalty rates in arrears while receiving JobKeeper, as the ASU accuses it of "stealing" by counting them against the wrong top-up period.

HR manager accused of "smirking" ordered to give evidence

An HR manager who resigned from her job has been ordered to give evidence in the case of an injured worker who claims she "smirked" when informing him at his dismissal meeting that he would not be getting any further support.

FWC upholds "time fraud" sacking

A hospital cleaner who spent a third of his working time in a tea room has failed to convince the FWC that he was sacked for unsatisfactory performance rather than serious misconduct and therefore should have been warned

Full court fuels questions over independent contractors

A full Federal Court led by Chief Justice James Allsop has expressed disquiet about how employment relationships involving labour hire companies and the rising gig economy are assessed, noting that only respect for decisions by other appeal courts prevented it reaching a different conclusion about a backpacking labourer's status.

Valid to sack worker whose threats invoked serial killer Milat

A business that "outgrew" its informal HR processes got its fingers burnt when a young employee's welfare became endangered by its tolerance of the escalating misconduct of a worker who threatened to give him "the Ivan Milat treatment", the FWC has found.

"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.

Contracted drivers are employees: Full court

In a significant ruling on the standing of independent contractors, a full Federal Court has upheld an appeal by two truck drivers pursuing unpaid leave and superannuation entitlements after working exclusively for a multinational company for almost 40 years.