The High Court has refused leave to appeal a finding that an international IT company must pay long service leave to an employee who worked the bulk of his 10-year tenure in India, a few years in Victoria, but qualified under Queensland's more flexible LSL laws as he transferred in time to serve out part of his post-resignation notice period.
A FWC presidential member has declined to grant an employer's request to delay consideration of its appeal against an unfavourable long service leave ruling while it awaits the result of a related Federal Court case, taking a dim view of its attempt to move forums "midstream".
A labour law academic says there is a need to ask how Australia's IR system is so "fundamentally broken" that it incentivises the conduct evident in Qantas's decision to unlawfully outsource jobs to avoid bargaining, in circumstances where the record $90 million fine imposed yesterday will barely dent its resultant annual savings.
In a significant finding on the integrity of the workplace umpire, a judge has ruled that a former union organiser and Labor MP rightly decided against recusing herself from hearing a same-job, same-pay application despite having described similar labour hire arrangements as a "rort" in Parliament.
Days after the High Court refused permission to appeal a key decision recognising standby duty as paid work, a FWC full bench has weighed its implications for a Qantas subsidiary's long-awaited intractable bargaining workplace determination.
A judge has slapped an $8000 penalty on a major Commonwealth department after expressing astonishment that it does not have a "human or technological" system in place to ensure it pays dismissed employees their correct entitlements.
The High Court has unanimously rejected mining giant Peabody's challenge to a finding that it failed to satisfy workplace laws governing redundancies when not properly considering alternative roles for 22 workers dismissed in 2020, ruling that the FWC was within its rights to delve into options like replacing already-engaged contractors.
The Federal Court has put unions on notice about what to expect from status quo provisions in dispute resolution clauses, tossing out the AMWU's bid for declarations and penalties against Opal Packaging for changing the way drug and alcohol tests are conducted.
The High Court will on Wednesday hand down its ruling on what mining giant Peabody says is a "critical" test of the laws governing whether a redundancy is genuine.
The Federal Court has slammed the door shut on quasi-judicial officeholders earning income for comparable part-time roles in foreign countries, rejecting a former AAT senior member and Labor senator's bid for almost five months' pay following her appointment to a UK appeals tribunal..
