Browsing: Case law | Page 2 (435 items)


Leasing director not award-covered: FWC

The FWC has rejected a highly-paid commercial leasing director's unfair dismissal claim, finding that while many of his duties aligned with a real estate award classification, his duties and responsibilities pushed him outside its scope.


High Court rebuffs academic pay challenge; & more

High Court rebuffs academic pay challenge; "No guarantee" lawyers will respond before deadline, says FWC; ABC presenter free to contest sacking; and Bench rejects consolidation order appeal.


Tick for docking annual leave during industrial action

The FWC has upheld a coal mining company's right to stop accrual of annual leave for employees when they take industrial action or are locked out, in a decision with potential implications for the wider industry.


Hearing looms for delegates rights case

The first test case for the delegates' rights provisions legislated by the Albanese Government is set to be heard in the Federal Court in Brisbane next week.


AI hallucinations bedevil another FWC case

In another FWC case blighted by AI, a senior member has lamented the time wasted by tribunal staff and an employer as a result of a self-represented worker's citing of three supposedly pertinent decisions, two of them irrelevant and one that "simply did not exist".


Hatcher to correct "nonsensical" award clause

The FWC is seeking feedback on a provisional view that it should correct a "clearly nonsensical" proposition in the Hydrocarbons Award that overpayments can only be deducted from workers' wages if they are stood down due to a storm or cyclone.


Bench sharpens understanding of redundancy obligations

A FWC full bench has affirmed that small businesses have the same obligations as large employers when consulting over redundancies, throwing out a tile importer's appeal against orders to pay more than $30,000 to a former sales representative.



Clerks, banking award variations back on agenda

Unions have failed to convince FWC President Adam Hatcher that last year's legislation "protecting" penalty rates and overtime is "fatal" to employer cases seeking to vary the clerks and banking awards, with the joined matters referred to a full bench.


Ruling delivers "powerful message" to harassers

In the first fully contested Federal Court case to consider new s-xual harassment protections in the Fair Work Act, a judge has relied heavily on a FIFO apprentice's dinnertime revelation to her parents that her supervisor asked her for a "bl-w job" to find he s-xually harassed her.


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