Browsing: Case law | Page 9 (362 items)


Employer fined $160K for failing to pay out annual leave

A judge has declined to bundle together an employer's various workplace breaches in ordering it to pay $163,000 in fines to a former worker for stripping his severance pay of more than 500 accumulated annual leave hours.


Diplomat shortchanged domestic worker $136K: Court

A former Indian High Commissioner who paid a live-in domestic worker $9 a day to keep his eight-bedroom Canberra home, after he arranged for her "posting" in Australia for the "reception and entertainment of guests", has been ordered to pay more than $130,000 compensation.


KFC facing potential class action over rest breaks

Shine and RAFFWU are preparing a class action against KFC to win compensation for potentially tens of thousands of workers allegedly denied proper rest breaks, weeks after the Federal Court slammed the SDA over its approach to McDonald's rest breaks litigation and decided its case should run concurrently with an earlier Shine/RAFFWU proceeding.


Agreements must include pay rates: FWC bench

A FWC full bench has confirmed that it can only approve enterprise agreements that include rates of pay, because their absence prevents it determining whether the deal passes the BOOT.


Hilton zombie deal not for resuscitation: Bench

A FWC full bench has confirmed it cannot accept undertakings to cure zombie deals' BOOT-related deficiencies when considering whether to extend their life, while also refusing to take on board undertakings the tribunal recently endorsed when it transferred a 2006 Work Choices agreement.


Four months life support for Zombie deal

The FWC has rejected the HSU's bid to extend a zombie deal for two years, backing the ASU's position in finding it failed the BOOT, and granting only a four month reprieve to negotiate a new agreement.


Director liable for underpayments despite limited understanding: Court

In a significant decision on directors' liability for underpayments, a court has found that although the co-founder of Chatime was unaware the bubble-tea chain was in breach of workplace laws, he understood enough about award obligations around casual and weekend penalty rates to be considered complicit.


Woolies' online shopping "clarification" rejected

Woolworths has failed in its bid to vary the Retail Award to "clarify" that the instrument covers its burgeoning online fulfilment operations, avoiding potentially significant knock-on effects for the e-commerce, road transport and distribution industries.


FWC slays zombie deal presumed "dead"

The FWC has killed off a zombie deal at the request of a leading men's fashion brand that transferred its retail workforce to the higher-paying award in 2019 in the mistaken belief the agreement stopped applying on its nominal expiry.


FWO case goes off-piste with compensation claim: Court

A FWO bid to piggyback a compliance notice breach case with underpayment orders has been upended by a court, which observed that merging the two pathways would "undermine" the Fair Work Act's integrity.


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