Browsing: Case law (279 items)


Courts and FWC differ over sleepover payments

A full Federal Court has confirmed that homecare, disability and social workers should not be paid penalty rates for shifts immediately before or after sleepovers, four months after the FWC made draft award variations that will achieve the opposite.


Major underpayment cases piling up as KFC offers $29M

The SDA is urging McDonald's to settle major rest breaks cases ahead of a lengthy hearing, as KFC and its franchisees agree to pay about $29 million to resolve a similar class action accusing them of denying proper breaks to tens of thousands of workers.


Pay academics for extra marking duties: Full Court

In a significant judgment on tertiary education sector pay, a full Federal Court has today found that under the academic staff award, a casual lecturer should have been paid for time spent marking assessments not directly related to particular lectures or tutorials.


$125K costs against worker in "textbook" case

A rope access technician has been ordered to pay $125,000 in costs after pursuing a failed underpayments and discrimination case described by the judge as "a textbook example of launching an action without reasonable cause".


HR-avoiding worker not entitled to pay: FWC

The RBA had no obligation to pay a senior employee during a seven-month period when he claimed to be "ready and willing" to work as long as it did not involve consecutive days, "high stress" assignments or meeting with HR, the FWC has found.


"Deplorable" employer exploited teen: Court

A small business and its owner have been hit with fines, compensation and damages totalling more than $300,000 after the "deplorable" exploitation of a young worker with an intellectual disability who went almost two years without being paid.


Clarifying dispute result within FWC's powers: Bench

In a significant decision on the FWC's arbitral powers, a full bench has provided further "clarification" of its ruling in a dispute after an employer "disobeyed" its finding that seven workers should be reclassified at a higher level.


BHP asks High Court to overturn SJSP ruling

BHP's coal mining and in-house labour hire entities are seeking special leave to challenge the Full Federal Court ruling that upheld same-job, same-pay orders the FWC made for the resources titan's Bowen Basin mines.


Employer avoids big fine for misclassifying worker

An employer that underpaid an IT specialist it treated as a contractor for 14 years should have addressed the "uncertainty" involved, but its misdeeds nevertheless fell at "the lower end of the seriousness spectrum", a court has found in a penalty ruling.


Bitter pill as Baxter ordered back to bargaining table

The FWC has ordered a pharmaceutical company back to negotiations with the UWU for a first enterprise agreement to cover operational employees in non-managerial roles at its Brisbane manufacturing facility, after finding it breached good faith bargaining by offering employees inducements to vote against enterprise talks.


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