Browsing: Case law (332 items)


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.


ChatGPT-aided sacking email fails decency test: FWC

The FWC has upbraided a small business owner for informing a supervisor through an email drafted with help from ChatGPT that it had decided to retrench her, finding that sacking a worker via such a "cursory" means fails "to adhere to basic standards of decency".


Underpayment ruling highlights unwieldy awards: Stewart

The implications of the Federal Court's retail underpayments decision are only starting to be understood, with employment law academic Andrew Stewart warning of the significent consequences of its redefinition of employer record-keeping obligations and findings on proving workers' agreement to vary award conditions.


Court backs doctors' unpaid overtime settlement

The Federal Court has approved a $174 million Victorian Government payout to settle 30 class actions on behalf of junior doctors, of which ASMOF will be reimbursed $175,000, following a finding that a health service "expressly and brazenly" instructed trainees to perform unpaid overtime.


Workers can bank on WFH after FWC ruling: FSU

The FSU says employers are now on notice that they must have genuine business grounds for refusing flexible work arrangements, after the FWC made orders to enable a Westpac employee to work from home to care for her children, finding "no question" her role can be "performed completely remotely".


Appeal bench makes crucial ruling on franchisor liability

The workplace watchdog's power to hold franchisors to account for franchisees' underpayments has been bolstered, after a full Federal Court today threw out a challenge by the Bakers Delight chain.


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