Browsing: Case law


Failure to consult denied worker JobKeeper: FWC

An employer that made a worker redundant just days before the unveiling of JobKeeper must pay the remaining sum she would have gained as a recipient, after the FWC found a proper consultation process would have resulted in her getting it.


FWC urges employer to put worker back on JobKeeper

Despite lacking power to deal with a dispute over a casual worker's removal from JobKeeper for refusing an extra shift, the FWC has recommended his employer reinstate the payment or face a potential general protections claim.


Aged care workers granted paid pandemic leave

An FWC full bench has in the face of employer opposition decided to grant paid pandemic leave for aged care workers covered by the aged care, nurses and health professionals awards for a three-month period from tomorrow.


FWC bench weighs expanding paid pandemic leave

An FWC full bench proposing to grant paid pandemic leave for workers covered by the Aged Care Award is seeking submissions by 2pm today on whether to also insert it into the Nurses Award and Health Professionals and Support Services Award.


FWC commends peaceful resolution to border dispute

The FWC has commended the AFAP and a special mission aviation employer for their approach in resolving a COVID-19 related dispute over the relocation of FIFO pilots on Border Force surveillance contracts.


FWC backs Prosegur's revised JobKeeper directions

An FWC full bench has accepted Prosegur's pared-back JobKeeper-enabling directions, which reduce the minimum fortnightly hours of full-time armoured vehicle operators to 60, while it has provided separate assurances for part-timers and casuals.


"Manipulation" risk in reversing virus pay cut: FWC

An employer that cut a manager's wages by 15% due to COVID-19, but then restored her old rate when it made her redundant, has failed to establish that her pay exceeded the high-income threshold because to do otherwise would allow "manipulation" to deny her the chance to challenge her dismissal.


"Impracticability" of sanitising a koala led to redundancy: FWC

The "obvious impracticability" of sanitising a koala helped to justify a pandemic-affected wildlife sanctuary's decision to make redundant a worker responsible for co-ordinating photographs of visitors holding its main attraction, the FWC has found.


Stand-down burden fell unfairly on single team member

In a decision reinforcing the need for pandemic-affected employers to spread the burden fairly, the FWC has found that a multi-billion-dollar business should have reduced hours across a head office team instead of standing down one of its members for an indefinite period.


Bench finds JobKeeper direction unreasonable

In a decision highlighting the need for JobKeeper-enabling directions to be reasonable, an FWC full bench has quashed a finding that Prosegur rightly required full-time, part-time and casual armoured vehicle operators to work a minimum 25 hours a week.


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