Browsing: Case law | Page 22 (321 items)


Qantas weighing appeal against JobKeeper ruling

Qantas is considering a challenge to a Federal Court interpretation today of JobKeeper payment rules that will require it to backpay employees who received penalty rates in arrears while covered by the wage subsidy scheme.


Retailer says sacked GM refused COVID-19 test

Noni B has hit back at claims it unlawfully failed to provide notice and accrued leave entitlements when it retrospectively sacked the general manager of Rockmans, accusing him of misconduct, cover-ups and refusing to undergo testing for COVID-19.


Umpire rejects bid for "COVID-care" allowance

A $5 an hour "COVID-19 care allowance" for disability workers attending to self-isolated and quarantining clients is unnecessary and likely to trigger a push to insert it into other health sector and aged care awards, according to an FWC full bench.


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.


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