Browsing: Case law (350 items)


FWC upholds rejection of flexible work bid

The FWC has backed a mining company's denial of a worker's request for flexible work to enable her to care for her baby, in a decision finding fairness a "neutral consideration" where both parties have acted reasonably.



First RtD case settles before hearing

Before the first Right to Disconnect dispute hearing, scheduled for this morning, Pacific National resolved the matter in a private conference, leaving the Fair Work Act's RtD provisions untested after 20 months in operation.


Paid meal breaks back on menu after FWC ruling

The FWC has found a private health care provider should re-start consultations about removing a "legacy" condition of paid meal breaks for its longest-serving nurses, after it told them the apparently undocumented benefit is no longer "an option".


Allowance not enough to justify off-duty contact: RTBU

The RTBU will argue in the first right to disconnect dispute hearing that an on-call allowance fails to adequately compensate a worker and the FWC should find reasonable his refusal to answer or make calls on his days off.


Kmart case to tell if underpayment "lessons" heeded: Adero

Adero Law says a class action accusing Kmart of failing to pay salaried managers for actual hours worked, including while at home, will test whether it has "adopted in practice" lessons drawn from underpayments cases targeting Coles and Woolworths.


$90K awarded in first workplace s-x harassment ruling

A café owner who kissed a married 23-year-old employee on the mouth as she washed dishes has been ordered to pay $90,000 in damages and penalties, in the first concluded workplace s-xual harassment case under 2023 amendments to the Fair Work Act.


Courts and FWC differ over sleepover payments

A full Federal Court has confirmed that homecare, disability and social workers should not be paid penalty rates for shifts immediately before or after sleepovers, four months after the FWC made draft award variations that will achieve the opposite.


Major underpayment cases piling up as KFC offers $29M

The SDA is urging McDonald's to settle major rest breaks cases ahead of a lengthy hearing, as KFC and its franchisees agree to pay about $29 million to resolve a similar class action accusing them of denying proper breaks to tens of thousands of workers.


Bench clarifies wharfies' public holiday payments

A FWC full bench has found that shiftworkers employed by a major stevedoring company are entitled to payment on top of their ordinary weekly wage if they are rostered off on a public holiday.


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