Browsing: Case law | Page 6 (81 items)



Religious law has ultimate power in employment contract: Court

A Supreme Court has reaffirmed the force of religious laws within employment contracts, restraining administrators at a cash-strapped Sydney synagogue from dismissing a rabbi after finding that his engagement conferred lifetime tenure under Orthodox Jewish law.


Employers step up campaign to quash FWC bench decision on BOOT

Queensland employers facing millions of dollars in backpay claims are calling on the Federal Court to quash an FWC full bench decision that apprentices' pay should be measured against the more generous federal award rather than the state award when conducting the BOOT.


US state law invoked in successful restraint case

The WA Supreme Court has tested how an employment agreement stacks up under US state law before granting an American company an interlocutory injunction restraining a former Australian employee from working for his new Perth employer.


Employer faces penalties after misrepresentation ruling

A court has found an employer underpaid a worker by more than $230,000 because it "recklessly disguised the true legal nature" of a 20-year-plus employment relationship by classifying him as an independent contractor.


CIO's $500,000 payout after unhonoured verbal deal

Victoria's Court of Appeal has awarded a chief information officer more than $477,000 because his employer failed to honour a verbal agreement about his entitlements.


Independent contracting arrangement a façade: FWC

The FWC has found a roof tiler is an employee who can make an unfair dismissal claim, ruling his employer created an independent contracting "façade" to suit its own purposes and avoid paying his entitlements.


CFO's restraint clause too broad: Court

Restraint of trade clauses preventing a chief financial officer from jumping ship and working at a rival fashion retailer were broader than what was reasonable to protect the employer's legitimate interests, a court has found.


Consulates can't circumvent Australian IR laws: Court

An appeal by an Italian consulate over disputed annual leave and superannuation entitlements has failed after a court ruled it was not immune from proceedings brought under Australian law.



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