Browsing: Case law | Page 2 (371 items)


Terminally-ill pilot did not "frustrate" contract: FWC

A cancer-stricken helicopter pilot who hadn't worked in more than three years still had six months of long service leave owing when sacked for supposedly "frustrating" his contract, the FWC has found.


$18M backpay for Sydney Trains workers

Hundreds of Sydney Trains signallers and controllers are in line for average payouts of about $40,000 under an $18.1 million class action settlement resolving allegations it failed to recognise handovers and actual hours worked, or to provide proper breaks.


No redundancy after ABC funding squeeze: FWC

A senior ABC editor has failed to persuade the FWC that she is entitled to a redundancy package following organisational changes made after Google and Meta withdrew funding for the role.


Tick for docking annual leave during industrial action

The FWC has upheld a coal mining company's right to stop accrual of annual leave for employees when they take industrial action or are locked out, in a decision with potential implications for the wider industry.


Hearing looms for delegates rights case

The first test case for the delegates' rights provisions legislated by the Albanese Government is set to be heard in the Federal Court in Brisbane next week.


Court clarifies coal LSL levy calculations

The Federal Court has clarified how the black coal mining sector's portable leave scheme levies should be applied to casual workers.


Bench sharpens understanding of redundancy obligations

A FWC full bench has affirmed that small businesses have the same obligations as large employers when consulting over redundancies, throwing out a tile importer's appeal against orders to pay more than $30,000 to a former sales representative.


Clerks, banking award variations back on agenda

Unions have failed to convince FWC President Adam Hatcher that last year's legislation "protecting" penalty rates and overtime is "fatal" to employer cases seeking to vary the clerks and banking awards, with the joined matters referred to a full bench.


No redundancy parachute for airline manager

An airline has succeeded in having a former manager's redundancy pay cut to zero after the FWC found his insistence on amending an intellectual property clause in his contract did not alter the fact that it offered him "objectively acceptable" alternative employment.


No compulsory holiday shutdowns for mineworkers: Full court

A Federal Court majority has quashed a finding that the Black Coal Award requires BHP's Operations Services in-house labour hire arm to give its workforce two common public holidays off each year, and to cap shifts at 10 hours unless most employees agree to additional hours at overtime rates.


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