In a significant ruling on how Fair Work Act breaches are to be assessed, a Federal Court full bench has invoked double jeopardy principles to strip $48,000 off penalties awarded against the CFMMEU and one of its organisers.
A Federal Court judge has for the second time rejected FWO arguments that the CFMMEU's maritime division should not benefit from the Fair Work Act's single course of conduct mechanism in determining penalties for an unlawful strike.
RAFFWU is suing a McDonald's franchise that allegedly required workers to find a replacement if they took sick leave, told them they had to call in sick by 10pm the night before scheduled shifts and denied them proper breaks.
The litigation funder behind a swathe of casuals class actions is challenging a requirement to cough up more than $3 million in security for the potential costs of two of them, arguing it would set a higher bar for employment-related class actions and eat into workers' returns.
FWO celebrations over winning almost $400,000 in penalties against a travel company and its director for cash-back arrangements have been tempered by a court's observation that it might have been wise to secure immunity for the two visa-seeking workers concerned before initiating litigation.
A court has found that an external HR advisor played a central role in the unlawful dismissal of a yoga instructor who complained about her employer failing to pay award rates.
The Federal Court has rejected a bid by the FWO and CFMMEU to upset a major labour hire company's treatment of workers as independent contractors, finding the service agreement signed by the parties transparently spelt out the true nature of their relationship.
A judge has ordered more than $200,000 in compensation and penalties against two underpaying former company directors at the same time as roundly rejecting FWO attempts to characterise the dental technician involved as a "vulnerable" visa-holder.
A peak employer body has lost a lengthy battle to reclaim millions of dollars in payroll tax on the basis of its charity status, a court finding the network's model "primarily focused on serving the self-interest of its members" rather than promoting a stronger economy for everyone.
A company "motivated by malice" when it forged documents to cut the leave balance of a chief operating officer it perceived as "a thorn in its side" has been ordered to pay $250,000 in penalties and unpaid entitlements.
