Browsing: Case law | Page 4 (81 items)


Casual categorisation not an "opening move": Workpac

Just as the Morrison Government's Omnibus IR Bill says a casual will be defined on the basis of their job offer, rather than subsequent conduct, the labour hire company at the centre of a landmark casuals case has told the High Court employment contracts must be decisive.


Court backs rare Premier's challenge to tribunal ruling

A palliative care doctor given 10 minutes' notice that his three-year fixed-term contract was to be succeeded by a six-month contract immediately lost his right to have a tribunal review the new offer, Tasmania's Supreme Court has held.


COVID-19 stand down designed to avoid big payout: FWC

The FWC has ordered a recruitment company to immediately end the stand-down of a state manager after rejecting its claim that COVID-19 left her with no work, finding instead that it sought to force her to resign.


Macquarie Bank contests advisors' commission-only claim

The latest tranche of Macquarie Bank wealth advisors to sue for alleged underpayments continue to maintain they were paid under commission-only arrangements despite the bank's insistence this was paid on top of a base salary.


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.




Chief executive's dismissal challenge backfires spectacularly

A court has given a publicly-listed veterinary pharmaceutical company the go-ahead to pursue its former chief executive for a significant portion of more than US$400,000 paid to settle assault and s-x discrimination cases brought by two members of its marketing team.


BlueScope had no "unilateral" right to shave contracts

A court has held that BlueScope Steel repudiated the contracts of managerial employees by taking them off annualised salary arrangements under a 2015 Port Kembla steelworks rescue plan said to have cut their pay by more than $20,000.


Accountants allege employer's unethical behaviour voided contracts

A court has cleared the way for two accountants fighting a restraint of trade case to argue that their contracts were void if their employer breached implied terms requiring it to act lawfully and in accordance with the industry's code of ethics.


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