Case law page 5 of 7

67 articles are classified in All Articles > Individual contracts > Case law


Employer faces penalties after misrepresentation ruling

A court has found an employer underpaid a worker by more than $230,000 because it "recklessly disguised the true legal nature" of a 20-year-plus employment relationship by classifying him as an independent contractor.

CIO's $500,000 payout after unhonoured verbal deal

Victoria's Court of Appeal has awarded a chief information officer more than $477,000 because his employer failed to honour a verbal agreement about his entitlements.

Independent contracting arrangement a façade: FWC

The FWC has found a roof tiler is an employee who can make an unfair dismissal claim, ruling his employer created an independent contracting "façade" to suit its own purposes and avoid paying his entitlements.

CFO's restraint clause too broad: Court

Restraint of trade clauses preventing a chief financial officer from jumping ship and working at a rival fashion retailer were broader than what was reasonable to protect the employer's legitimate interests, a court has found.

Consulates can't circumvent Australian IR laws: Court

An appeal by an Italian consulate over disputed annual leave and superannuation entitlements has failed after a court ruled it was not immune from proceedings brought under Australian law.


Union slams enforceable undertaking as "no deterrent"

The ETU has expressed outrage at an FWO enforceable undertaking requiring a company to donate $50,000 to a migrant community charity and overhaul its recruitment practices after workers from the Philippines were threatened with dismissal if they joined a union.

Retailer fails to block law firm acting in restraint case

Fashion retailer Just Group has failed to restrain its former chief financial officer from engaging lawyers once retained by competitor Cotton On, amid claims its rival is funding her defence to gain access to commercially sensitive material.

Court halts SBS executive's defection to Aunty

A high-powered consultant with public broadcaster SBS has been temporarily stopped from taking up a role with the ABC and sharing confidential information with the rival network, after the NSW Supreme Court issued an interlocutory injunction.

Distribution contractors not employees: Court

Two retired contractors engaged for more than a decade to distribute material for a printing company have failed to convince a court that they were employees and should have been paid an award's hourly rate.