Browsing: Case law (337 items)


Carer's leave not a passage to India: FWC

A public servant who claimed he should have received six weeks carer's leave to escort his frail father back to India for a specialist's appointment and physiotherapy has failed to convince a senior FWC member, who found no evidence to suggest he could not have been treated locally.


MEU offers hand in High Court long service case

The MEU has sought High Court leave to intervene in the Coal LSL's challenge to a finding that Orica's obligation to make contributions to the scheme on behalf of shotfirers ceased in 2022 when it sold a separate business providing services to underground mines.


Employer avoids big fine for misclassifying worker

An employer that underpaid an IT specialist it treated as a contractor for 14 years should have addressed the "uncertainty" involved, but its misdeeds nevertheless fell at "the lower end of the seriousness spectrum", a court has found in a penalty ruling.


WFH-preserving offer an acceptable alternative: FWC

The FWC has wiped-out the redundancy entitlements of two visa workers who shunned an alternative role that would have enabled them to keep working from their shared apartment.


Severance obligation waived after MS diagnosis

A business that fell deeply into debt and then collapsed after its owner's multiple sclerosis diagnosis has been absolved of making redundancy payments, after the FWC took into account its circumstances.


Cbus fined $23M for death benefit delays

Industry super fund Cbus has been hit with a $23.5 million penalty for delaying payment of death benefits and total and permanent disability claims to thousands of members.


Court slugs BHP in 'holiday request' case

BHP's in-house labour hire company has been fined $15,000 and ordered to pay 85 production employees between $800 and $2400 each in compensation for unreasonably requiring them to work across Christmas holidays.


Special leave for coal long service case

The Federal Government's long service leave scheme for the black coal industry has won special leave from the High Court to challenge a full Federal Court judgment that it says has significant implications for the LSL eligibility of shotfiring and explosive services workers.


FWC approach to flex requests "disappointing": Expert

The FWC's approach to assessing flexible work disputes is potentially undermining workers' rights to plan ahead, an academic has warned, after the tribunal held that a Sydney Water employee could not make such a request in the lead-up to his 55th birthday, and found a father ineligible until he finalised his custody arrangement.


Bench corrects member's "misunderstanding"

A FWC full bench has overturned a ruling that due to an employee's lack of award coverage, her employer - which conceded that the SCHADS award applied - had no obligation to consult her before making her redundant.


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