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.
In a case clarifying when employers must make redundancy payments, the Federal Court has rejected claims by Spotless Services Australia Ltd that it was not obliged to pay severance to three Perth International Airport workers due to an exemption for ordinary and customary turnover of labour.
The ailing 86-year-old director of a newspaper publishing company has been ordered to pay $27,500 to a journalist he sacked seven years ago, a day after he refused to withdraw a complaint to the Fair Work Ombudsman over underpayments.
A former GM Holden engineer is suing the company for adverse action, sham contracting and coercion, alleging it reduced her redundancy payout by more than $20,000 when she refused to sign a separation agreement without continuity of service covering her time as a contractor.
An employment service has failed to avoid a redundancy payout to a manager who refused its alternative job offer, the FWC finding that although pay and conditions were the same, it would have been a "backward step".
The Federal Circuit Court has slugged an unrepresented litigant with an order to pay $12,500 of his former employer's legal costs, finding that although he did not run the case vexatiously, mere allegations unsupported by evidence rendered it "baseless and groundless".
Unilever has successfully challenged a requirement to count employees' prior periods of casual and seasonal work when calculating length of service for redundancy payouts, an FWC full bench calling into question a landmark 2016 majority finding that casual work should be included.