Browsing: Courts (1,027 items)



"Contractor" an employee for 14 years: Court

A HR manager's failure to resolve whether an IT specialist engaged as a contractor 20 years ago became an employee when added to the payroll 12 months later has backfired, after a court found he is owed more than $100,000 in leave entitlements.


"Amorphous" adverse action claims scuttle case

A chief financial officer who made exaggerated claims to "shoehorn" them into adverse action provisions has failed to establish that his complaints about homophobic jibes and supposedly illegal accounting practices led to his unlawful sacking.


FWO suffers rare fail mark in university case

In a significant ruling on calculating academics' payments for time spent marking course work, a Federal Court has found the FWO's compliance notice served on an allegedly underpaying private university "bad at law".


Aldi admonished for heavy-handed approach to late case

A judge has criticised Aldi for adopting an "unnecessarily technical position" against a self-represented worker but ultimately rejected his bid for a six-month extension to file a general protections claim, after finding he falsified medical evidence.


Full court unsettles $40M underpayment claim

A full Federal Court has cast doubt over a $40 million underpayments case after ruling that a FWC presidential member and a bench led by president Adam Hatcher failed to properly consider an employer's arguments about the improbability of penalty rates not already being wrapped up in loaded rates paid under two agreements.


Academic's anti-woke crusade cut short by court

A judge has binned the $7.5 million lawsuit of an academic claiming his "oppressor characteristics" made him a victim of a university's diversity policies, observing that while he might have "a very legitimate gripe", industrial laws are not the platform to advance his crusade against "woke ideology".


Court increases builder's entry-blocking fines

A Canberra contractor that blocked CFMEU officials from investigating safety issues has been hit with higher penalties after conceding that a judge mistakenly bundled obstruction and misrepresentation breaches together when determining fines.



No diminuendo for pianist's adverse action claim

In a judgment raising the possibility that State workplace protections could extend to independent contractors under the Fair Work Act, Federal Court Chief Justice Debra Mortimer has today dismissed Melbourne Symphony Orchestra's bid to strike out a freelance pianist's adverse action claim that it discriminated against him by cancelling a performance after he accused Israel of committing war crimes.


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