Browsing: Case law


Award severance clause trumps incapacity provision: Bench

An FWC full bench has quashed a decision to reduce a $12,000 retrenchment payout to zero, ruling that the Fair Work Act's "incapacity to pay" provisions don't apply when the entitlement arises from a source such as an award.


Sacking costs listed company $1.1m despite unsigned contract

An ASX-listed investment house that summarily dismissed an executive director without explanation must pay $1.1 million in damages, after the absence of a signed contract left a court to assess her implied bonus and notice terms.


Worker weaponises employer's adverse action response

The FWC has rejected a company's objections and given the go-ahead for a worker who settled a general protections claim to use its response in that matter to run an underpayments case in the South Australian Employment Tribunal.


Newsflash: High Court overturns Mondelez leave decision

A High Court majority has rejected union arguments that employees working longer than standard hours are entitled to use those hours as the basis for calculating their entitlement to 10 days paid personal/carer's leave for each year of service.



New COVID-19 crisis might justify paid pandemic leave: Bench

Surging coronavirus cases in Victoria have today prompted an FWC full bench to seek urgent submissions on a provisional view that it should now vary the aged care award to provide paid pandemic leave for employees, including casuals, who must self-isolate.


Contracted drivers are employees: Full court

In a significant ruling on the standing of independent contractors, a full Federal Court has upheld an appeal by two truck drivers pursuing unpaid leave and superannuation entitlements after working exclusively for a multinational company for almost 40 years.


Tribunal orders A-G's to make FEG retrenchment payment

The AAT has overruled the Attorney-General's Department's refusal to make a FEG redundancy payment to a worker who claims she stayed on at the administrator's request to help with winding-down a failed company, but then had her retrenchment payout denied when employee numbers fell from 60 to below the eligibility threshold of 15.


Bench shelves paid pandemic leave bid

An FWC full bench has adjourned the union application to introduce a paid pandemic leave entitlememt for award-covered health and community workers required to self-isolate during the coronavirus crisis.


Court confirms big employer's redundancy payment for reducing hours

In a significant judgment examining the interplay between employment relationships and employment contracts, the Federal Court has dismissed a major employer's appeal against a ruling it owed a cleaner redundancy pay after reducing her hours from full to part-time.


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