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


Canadian "contractor" who flew south an employee, says FWC

A Sydney-based Canadian paid a regular monthly untaxed figure in US dollars by a Calgary-headquartered company for which he agreed to act as an independent contractor has had his unfair dismissal claim upheld, with the FWC finding he was not genuinely retrenched.

Long commute from beachside idyll not "unreasonable hardship": FWC

The FWC has expressed sympathy for a new father who resisted incentives to buy a second family car to help preserve a work-life balance upended by a transfer to a distant office, but ultimately agreed his employer did not breach his contract's "unreasonable hardship" clause.

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.


"Casual" employee entitled to annual leave: Court

In a decision sure to be closely analysed by employers, a court has ruled that a worker is entitled to accrued annual leave despite being paid a casual loading for 15 years.


Religious law has ultimate power in employment contract: Court

A Supreme Court has reaffirmed the force of religious laws within employment contracts, restraining administrators at a cash-strapped Sydney synagogue from dismissing a rabbi after finding that his engagement conferred lifetime tenure under Orthodox Jewish law.

Employers step up campaign to quash FWC bench decision on BOOT

Queensland employers facing millions of dollars in backpay claims are calling on the Federal Court to quash an FWC full bench decision that apprentices' pay should be measured against the more generous federal award rather than the state award when conducting the BOOT.

US state law invoked in successful restraint case

The WA Supreme Court has tested how an employment agreement stacks up under US state law before granting an American company an interlocutory injunction restraining a former Australian employee from working for his new Perth employer.

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.