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


Bench again declines paid pandemic leave bid

A five-member FWC full bench has confirmed the provisional view it reached in August last year that there is not a strong enough case, with the COVID-19 pandemic relatively well-controlled in Australia, to insert paid pandemic in awards covering paramedics and NDIS, home care and patient transport workers.

MacBank's defective pay system an easy spot: Court

Macquarie Bank's HR department designed a defective pay system that a competent IR lawyer would have quickly identified, the Federal Circuit Court has held in fining the bank $330,000 on top of $1.3 million in compensation owing to wealth advisors.

Mondelez influence felt in tribunal leave ruling

The FWC has found "persuasive" the High Court's reliance in Mondelez on ordinary hours to calculate entitlements, dumping a union's attempt to win more annual leave for council waste and recycling workers.

Tribunal clarifies definition of "emergency" carer's leave

After revoking a finding that a worker was entitled to carer's leave as his mother could not look after his children due to COVID-19 concerns, the FWC has found he met the bar for only one day and can "split the different" on repaying the rest.



Serial underpayer slugged $230K in first "serious contravention" case

The FWO has won its first "serious contravention" penalties three years after the provisions were added to the Fair Work Act, a café and its former general manager fined a total of $230,000 on their second visit to court for underpaying workers.



$31K fine for economist workers couldn't count on

A 61-year-old former economics professor has been fined $31,000 for underpaying two visa holders employed at a Korean grocery, a court finding he deliberately arranged for them to receive as little as $10 an hour.