Browsing: Case law | Page 3 (306 items)



Stockbroker's "fanciful" pursuit of advisors proves costly

A Melbourne stockbroking firm and its founder have been hit with compensation orders and penalties totalling more than $600,000, a Federal Court judge also directing them to cover the legal costs of two former advisors forced to defend "fanciful" claims their departure "destroyed" the business.


Redundancy pot of gold halved

A listed gold producer has succeeded in halving a mine caretaker's redundancy pay after the FWC found that it trimmed the "uncomfortable" responsibilities in a proposed alternative role to the point where it almost mirrored his existing job.


Casuals' "significant detriment" justifies axing deal: Bench

A FWC full bench has axed an 11-year-old deal that excluded minimum engagement periods for casuals, finding that it must terminate agreements if their continued operation would be unfair to "any" rather than all covered employees.


FWC throws out "Nabbed" worker's flex dispute

The FWC has held that it has no power under the Fair Work Act's flexible work dispute provisions to deal with a National Australia Bank worker's challenge to the cancellation of her WFH flexibility arrangement after she allegedly failed to comply with its terms.


Right to request flex work overrides agreement terms

The FWC has upheld a worker's flexible work request after his employer ended an informal 13-year arrangement, in a decision reaffirming the precedence of the NES, even when it is inconsistent with the terms of an enterprise agreement.


7% above-award rates fail to offset lower penalty rates

A FWC presidential member has clarified the Commission's "global" approach to the BOOT and warned that agreements that pay only slightly above-award will attract greater scrutiny, in rejecting a West Australian coffee chain's proposed agreement.


Deal's big pay cut not adequately explained: FWC

The FWC has put a global services giant's proposed new catering agreement at a Queensland mine on hold after weighing claims of casuals being parachuted in around voting time against hard evidence that it will cut workers' pay by more than $10,000 a year.


Proposed penalty exemptions an "attack" on pay: Unions

The 25% exemption rate the Ai Group has proposed for an estimated one million workers covered by the clerical award "does not adequately compensate" for the loss of penalty rates and overtime, according to ASU national secretary Emeline Gaske.


Whether surgery elective irrelevant to sick leave bid: FWC

The FWC has ruled an employer had a right to refuse to pay sick leave to a worker recently warned about his "particularly excessive" use of the entitlement, while finding it nevertheless "irrelevant" whether cosmetic surgery or a burst appendix explained his absence.


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