Browsing: Case law


Bus driver entitled to PPL after wife's caesarean section: FWC

In a significant decision on paid parental leave, a FWC presidential member has ordered a State-owned public transport provider to backpay a bus driver who claimed to be the primary carer of his newborn son while his wife recovered from an emergency caesarean section.


Sting in tail of flex order for defiant WFH worker

The FWC has warned employers against giving "generic and blanket HR answers" when they provide their "reasonable business grounds" for knocking back flexibility requests, before ultimately rejecting a bid from a worker with challenging caring responsibilities to continue working entirely from home.


Security firm breached "long break" provisions: Court

Wilson Security unlawfully denied a FIFO guard proper breaks within roster cycles and made him work an extra 15 unpaid minutes for "handover" at the start of each shift, a court has held, but a manager who reinforced the requirement was not an accessory.


DEWR enjoys court win in FEG clawback case

The taxpayer-funded FEG scheme has won court orders putting it in the box seat to claw back more than $600,000 in unpaid wages and entitlements handed out to the former employees of a liquidated company.


No allowance for paramedic upskilling 200km from home

The FWC has found a paramedic is not entitled to a living-away-from-home allowance as he chose rather than was directed to undertake additional training his employer provided 200 kilometres from his residence.


Nurses seeking LSL broke continuity of service: Court

The Federal Court has held that two Victorian public sector nurses broke their continuous service while taking time off to have children and recover from surgery as casuals, dismissing an ANMF bid to sue a health service for denying them long service leave.


"Genuine" apology helps reduce fine for sports giant

A "wealthy" global sports company's mistaken belief that a sacked manager took unapproved days off has contributed to a judge finding that it should be hit with only 25% of the maximum penalty for taking three months to pay out his annual leave entitlements.


Firies entitled to compensation for additional hours: Bench

A FWC full bench has hosed down a commissioner's allegation that a failure to provide a worker 14 hours of "leisure time" bordered on "wage theft", but has upheld his finding that the worker should have received the additional leave.


Audit identifies award intersection with disconnect right

The FWC is inviting submissions by June 11 on a "right to disconnect" audit of all 155 modern awards focusing on terms involving spans of hours, notice, supervisory duties, and requirements to remain on call, on standby or return to duty.


$230M class action settlement a "seismic shift": Lawyers

Lawyers behind an underpayments class action on behalf of more than 20,000 junior doctors say a $230 million settlement reached with NSW Health is the largest in the nation's legal history and represents a "seismic shift".


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