Browsing: Case law | Page 2 (350 items)


LSL ruling applies to just a single worker

The Federal Court has found that the limits to the FWC's dispute resolution powers mean that its ruling about an agreement's new long service leave clause only applies to the worker that first raised the issue, rather than all covered employees.


Employer offered acceptable alternative job: FWC

The FWC has ruled that a Civmec electrical engineer who rejected an alternative role has no entitlement to a redundancy payment, finding the employer adequately explained its offer despite its "clumsy and at times misguided" approach.


Approach to bereavement leave "unreasonable": FWC

A senior FWC member has tripled the compensation sought by a worker sacked after her mother called the employer to convey in "abrupt and firm" tones that it should stop insisting on documentary evidence of a close relative's sudden death before paying bereavement leave.


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 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.


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