Professionals Australia is running a test case on behalf of a software engineer who is suing IBM for more than $100,000 in leave entitlements he claims to be owed due to a decade's misclassification as a contractor before being engaged on a permanent full-time basis in 2010.
The High Court has this morning granted the ABCC special leave to appeal a full Federal Court finding that the CFMMEU's recidivism should not be factored into penalty calculations.
The law firm behind multiple class actions alleging the misclassification of casuals says it still expects to mount a High Court challenge to the Morrison Government's retrospective legislative changes that shave potential windfalls from multi-million dollar entitlement claims.
An employer body has hit back at a former chief executive suing over alleged political discrimination, claiming the real trigger for his sacking was his refusal to work with an incoming president.
In a case affirming that the onus of proof lies with the accuser in harassment cases, a court has thrown out a mechanic's claim seeking $160,000 compensation after finding insufficient evidence that his alleged employer was responsible for sending lewd and suggestive texts.
Leading IR lawyer Steven Amendola says a response is needed to last week's call by a full Federal Court for a better system to handle litigants with "serious mental health problems".
The principal of a specialist IR law firm has been ordered to indemnify the costs of a failed appeal after a court found the application "ought never to have been made" if he had heeded his statutory obligation to conduct quick and inexpensive litigation.
The multinational parent of Thorn Lighting has told the High Court that a full Federal Court's finding that two contracted truck drivers were employees despite nominally running their own businesses was "internally incoherent".
The CFMMEU has told the High Court that applying the multifactorial test to determine if a worker is an employee or independent contractor is a "vacuous" approach without ultimately establishing whether they are conducting their own business.
In a setback for unions fighting a mooted 1.5% pay cap for NSW public servants, the state's Court of Appeal has upheld a decision affirming a 0.3% increase in the 2020-21 financial year, in part because investing in infrastructure would be better than wages in stimulating the economy during the pandemic.
