Browsing: Case law (371 items)


Seven subsidiary's time-theft sacking unfair: FWC

The FWC has ordered compensation for an unfairly sacked WesTrac specialist who altered a leave claim to secure payment for public holidays during the Stokes family-controlled company's end-of-year shutdown period.


Parental responsibility not "granted": FWC

The FWC has rejected a teacher's argument that he is entitled to paid parental leave beyond paid partner leave on the basis that his wife "granted" him parental responsibility when she returned to work.


High Court spurns bid to reverse BHP OS ruling

The High Court has refused special leave for the MEU to challenge a Federal Court majority decision that quashed a finding that the Black Coal Award requires BHP's in-house labour hire arm to give its workforce two common public holidays off each year.


MEU bankrolling class action against BHP

The MEU is funding a class action against BHP for requiring on-hire production and maintenance crew to work public holidays, allegedly without making a reasonable request or telling them they could reasonably refuse, while the mining giant is challenging the legal principle at the heart of the case.


High Court quashes long service leave ruling

A High Court majority has overturned a finding that limited shotfiring and explosive services workers' eligibility for long service leave contributions.


Safety grounds bolster council's flex request refusal: FWC

The FWC has upheld a council's decision to refuse a worker's flexible work request, finding it had reasonable business grounds to align rosters with its revised operating hours and increase employee presence for safety reasons.


AMIEU delegate wins further penalty bounty

A meat union delegate who has had hundreds of thousands of dollars in employer penalties paid into his union's coffers has added almost $90,000 more to his tally, this time from Woolworths.


Judge resists "crushing" fine for underpaying employer

A judge has questioned the FWO's "vigour" in seeking penalties against an "impoverished" dairy business whose owner is already struggling to make $300 weekly instalments to compensate an underpaid worker.


Volunteer's contribution made him an employee: Court

The NSW Industrial Court has found that a worker who started out as a "volunteer trainee" had been an employee and should have been paid, because he worked regularly and "meaningfully contributed" to the business.


Miner entitled to refuse parental leave extension: FWC

The FWC has backed Whitehaven Coal's refusal to extend unpaid parental leave for a data reporting specialist, in a landmark decision referring to her "bespoke knowledge" and psychological concerns for colleagues dealing with burgeoning workloads.


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