Browsing: Case law




"Retention payment" doesn't count towards income cap

The FWC has cleared the way for a project manager to pursue his unfair dismissal claim after finding his retention payments do not push him above the high-income threshold as they are not "earnings".


Non-optimum deed enough to satisfy notice requirements

In a genuine redundancy ruling, the FWC has confirmed that it simply needs to consider whether employers have notified a retrenchment in writing, rather than whether they have provided notice in "the most optimum manner".


FWC rejects year-long compensation payment plan

Drawing on limited legislative guidance and case law on instalment payments, the FWC has ordered an employer to split a $30,000 compensation payment over two months rather than the 12 it sought, finding the worker entitled to the "fruits" of his claim "in a timely manner".


Sub-award deal creates unfair bargaining position: SDA

The SDA is challenging what it says is the FWC's failure to immediately terminate a long-expired substandard agreement, arguing that it did not properly consider the unfairness to workers when it allowed the deal to continue to operate for a further three months.


Zero WFH no basis for rejecting alternative job: FWC

A retrenched educator who rejected an alternative role because she wanted to keep working from home at least a day a week has lost her severance entitlements, after the FWC found she did not have a formal right to maintain her flexible arrangements.


Progress towards settling SDA class action

The SDA has entered into a heads of agreement with the Adelaide-based operator of 20 regional Foodland and IGA supermarkets to potentially settle a class action it values at $4 million on behalf of hundreds of workers.


Coles unlawfully calculating LSL: FWC

The FWC has ruled that Coles unlawfully calculated long service leave payments based on a seven-day rather than five-day week, while acknowledging there is "room for debate" on the meaning of an "ordinary working day", particularly for workers with variable rosters.


Fire service's "disturbing" response to underpayments

A government agency has been scolded for failing to pay travel allowances after admitting that it slipped its notice that the claims had been processed manually by two firefighters, one of whom retired while the other went on extended leave.


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