Browsing: Case law | Page 53 (1,711 items)


Worker still employed despite overshooting vax deadline: FWC

The FWC has declined to hear the unfair sacking case of a vaccinated worker who passed up "at least" eight chances to confirm her inoculation status before her employer dismissed then reinstated her within 48 hours.



Court throws cloak over ACIC adverse action case

The Australian Criminal Intelligence Commission has in winning broad-ranging suppression orders "strongly" rejected the claim by a former IT officer suing it over an alleged "sham" redundancy that such measures were pointless given potential witnesses could be readily identified through their LinkedIn profiles.



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.


Newsflash: Finding that Deliveroo rider an employee quashed

In a significant decision on the employment status of gig workers, a FWC full bench has quashed a ruling that Deliveroo delivery rider Diego Franco was an employee entitled to protection from unfair dismissal.


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.


Variable TOIL excluded from cap calculations: FWC

The FWC has found that unpredictable time in lieu should not be counted when determining whether a worker is excluded from making an unfair dismissal claim because their remuneration exceeds the statutory threshold.


No IR protections for sacked public health CEO: Court

A former public health service chief executive who claimed discrimination on the basis of "severe depression" has failed to overturn a tribunal's finding that it lacks the power to hear his bid for reinstatement and compensation.


Conversion-driven probe "tainted": FWC

The FWC has ordered an ASX-listed company to compensate a casual sacked for falsifying timesheets and failing to take proper breaks, finding his request to convert to permanency prompted the audit that uncovered his breaches.


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