Browsing: Case law | Page 3 (85 items)


CEO's sacking for credit card use no "witch hunt": Court

A court has thrown out claims by a HR consultancy's former chief executive that she experienced relentless bullying, unilateral pay deductions and an excessive workload before her unlawful sacking in 2020 for allegedly misusing a corporate credit card.


Lesser LSL entitlement warrants extending zombie AWA

A FWC full bench has extended a CBA worker's AWA because reverting to the enterprise agreement would reduce her long service leave pay by more than $17,000, but it refused the bank's request to keep the details of the individual contract confidential.


Zombie AWA out of tune with times: Bench

The FWC has reinforced its view that zombie agreements should not be extended "merely" because the parties are in harmony, observing that nothing is stopping a charity funded by Australia's orchestras from negotiating a new deal with its valued finance manager.



Axe to fall on zombie AWAs despite employees' plea

A FWC full bench has spelled out that it will not extend the term of zombie Australian Workplace Agreements due to be axed on December 7 just because it is sought by both the employer and workers.


Court to weigh lawyer's "50km radius" restraint clause

A court has refused to grant an interlocutory injunction restraining a lawyer from working in a large regional area while his former firm seeks to enforce a contractual two-year ban, instead accepting an undertaking after observing the legal practice did not have a strong case.


Deliveroo demise dashes gig driver's "test case"

The Federal Circuit Court is set to dismiss an a bid to determine whether a former Deliveroo food delivery driver is a casual employee or a contractor, following the company's decision last year to cease operations in Australia.


FWC rules director an independent contractor

In finding a worker with an oral contract an independent contractor, the FWC has affirmed that the principles of Personnel Contracting apply whether the contract is written, oral or some combination and has suggested that the previously-used "multifactorial approach" didn't necessarily cause "chaos", but created "legal and commercial uncertainty".


Workers on $170K not "guaranteed" high income: Court

A major mining company should have paid untaken sick leave to 20 retrenched employees, the Federal Court has ruled, in a judgment closely examining how the Fair Work Act's high-income threshold applies to annualised salaries.


Tech start-up advisor an employee, FWC rules

In an important decision holding that a largely unpaid advisor was a tech start-up's employee rather than an independent contractor, the FWC has relied on the in-principle acceptance of his "far from comprehensive" proposal and the way in which the contract was performed.


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