Browsing: Case law | Page 4 (332 items)


Potential weekend work aversion reduces redundancy: FWC

The FWC has slashed the redundancy payout owing to a university facilities manager who turned down an alternative role encouraging weekend work to take up a higher paying position with fresh opportunities.


WFH conciliation cancelled after leak to media

A FWC full bench led by President Adam Hatcher has abruptly ended conciliation of the crucial clerks award WFH case after a "highly regrettable" leak of confidential information to the media, while issuing a broader warning that participants should respect processes conducted behind-closed-doors.


Directors did not criminally exploit FEG scheme: Court

An attempt to warn companies away from the exploding Fair Entitlements Guarantee scheme has fallen flat, after an appeal court found that two directors of an ailing business committed no crime by allegedly hoping liquidators would access taxpayer funds to pay out 58 former employees.


"Cold-hearted" HR manager behind unlawful sacking: Court

A HR manager opportunistically accused a disgruntled employee of leaking confidential information to "put the blow-torch" to him over his dogged pursuit of underpayments, a court has found.




"Retention payment" doesn't count towards income cap

The FWC has cleared the way for a project manager to pursue his unfair dismissal claim after finding his retention payments do not push him above the high-income threshold as they are not "earnings".


Non-optimum deed enough to satisfy notice requirements

In a genuine redundancy ruling, the FWC has confirmed that it simply needs to consider whether employers have notified a retrenchment in writing, rather than whether they have provided notice in "the most optimum manner".


FWC rejects year-long compensation payment plan

Drawing on limited legislative guidance and case law on instalment payments, the FWC has ordered an employer to split a $30,000 compensation payment over two months rather than the 12 it sought, finding the worker entitled to the "fruits" of his claim "in a timely manner".


Sub-award deal creates unfair bargaining position: SDA

The SDA is challenging what it says is the FWC's failure to immediately terminate a long-expired substandard agreement, arguing that it did not properly consider the unfairness to workers when it allowed the deal to continue to operate for a further three months.


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