Browsing: Case law | Page 17 (304 items)


FWC pulls trigger on loaded rates for hospitality industry

Hospitality industry employers have won approval to roll up overtime, penalty and split-shift rates for full-time higher-paid workers after a FWC full bench rejected union concerns that changing the award for a small cohort could leave a broader group of employees worse off.


Director's criticism overheard in bathroom: Employer body

WA's peak employer body says COVID-19 prompted it to extend the probationary period of a commercial services director instead of sacking her, before she allegedly shared details of a confidential performance discussion while criticising colleagues in the workplace toilets.


Late application allowed after children's secrecy over sacking

The FWC has allowed a delivery driver's late unfair dismissal application to proceed after finding that his adult children kept news of his sacking from him over health concerns while he completed two weeks' hotel quarantine.


FWC backs Qantas grounding of over-age flight crew

The FWC has upheld the dismissal of two Qantas pilots unable to fly internationally after turning 65, drawing parallels with the tribunal's retirement policy while finding it might have been "considerate" to keep them in the departure lounge while they awaited a move to short-haul.


Courtroom "theatre" best for assessing witnesses: Judge

A judge weighing the pros and cons of conducting an adverse action trial via Microsoft Teams has decided to delay it until he can assess witness credibility in person, in a courtroom providing its "own chemistry and theatre".


Qantas fails to narrow scope of outsourcing judgment

The Federal Court has today declared that its ruling last month in favour of a TWU adverse action claim against Qantas over the outsourcing of ground handling at 10 ports applies to all employees, not just union members.


Court reduces shortchanging fine due to lockdown impacts

A court has accepted that it should impose a reduced underpayment penalty on an employer and its director because last year's extended coronavirus lockdown in Melbourne significantly reduced the size and financial resources of the business.


Stand down compensation after "more valuable" workers favoured

In a decision highlighting the challenges facing employers attempting to manage stand-downs during the pandemic, the FWC has ordered a global aviation ground services company to compensate a part-time worker after favouring more valued employees.


Newsflash: Union wins Qantas outsourcing case

In a case expected to have "far reaching consequences", the TWU has won its Federal Court adverse action case against Qantas over its shunning of the union's in-house bid when the airline decided to outsource the work of 2000 ground-handlers.


FWC puts hospitality loaded rates firmly on menu

Higher-paid hospitality workers appear set to have their overtime and penalty payments rolled up into loaded rates after a FWC full bench yesterday provisionally supported employers' push to vary the sector's award.


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