Browsing: Case law


"Naïve" Facebook post insufficient reason for sacking: FWC

In a decision highlighting both the perils of "naïve" social media use and the incongruities of the JobKeeper program, the FWC has declined to award compensation to a teenage casual swim instructor unfairly sacked for recommending a rival business on a community Facebook page.


Appeal court upholds public sector's "notional" pay rise

In a setback for unions fighting a mooted 1.5% pay cap for NSW public servants, the state's Court of Appeal has upheld a decision affirming a 0.3% increase in the 2020-21 financial year, in part because investing in infrastructure would be better than wages in stimulating the economy during the pandemic.


High Court to consider special leave for CFMMEU, Qantas cases

The High Court will next month consider whether to extend special leave in two high-profile cases, the first in which the ABCC is seeking to have the CFMMEU's recidivism factored into penalty rulings and the other in which aviation unions are pursuing access to paid sick, carer's and compassionate leave for Qantas workers stood down due to the pandemic.


Department must consult on dress standards, social media: FWC

The Department of Home Affairs has failed to convince the FWC it was not obliged to consult workers before introducing new policies governing social media use, interactions with children and a dress code deeming sleeveless clothing "unsuitable".


Workpac redundancy not genuine: FWC

The FWC has found the redundancy of a FIFO labour hire coal mineworker affected by COVID-19 travel restrictions not genuine, holding that Workpac failed to meet its consult obligations after BHP said it no longer needed him.



FWC shoots down COVID-19 "one employer policy"

The FWC has shot down an aged care home's "one employer policy" introduced in the chaotic early days of the COVID-19 pandemic, ordering it to re-engage a part-time musical therapist jettisoned after she continued to work at three other facilities.


FWC calls time on paid pandemic leave

Paid pandemic leave for aged care workers looks set to end this month after a five-member FWC bench concluded that the "emergency circumstances" that impelled it to make award changes in the first place no longer exist.


Bench to hear opposing views on expediting flexibility proposal

The FWC will this morning deal with objections to the fast-tracking of a joint union and Master Grocers Australia flexible hours award variation for part-time retail workers, and calls to join the bid with a "far more meritorious" ABI and NSW Business Chamber proposal.


Rio sacked me for COVID-roster complaints: Supervisor

A Rio Tinto fly-in-fly-out supervisor sacked after his car swerved when he picked up his mobile phone is claiming in an adverse action case that he was really ousted over complaints about working arrangements while stuck in WA due to COVID-19 restrictions.


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