A FWC member has applied the "well known 'duck principle'" in holding that a tyre recycling company suspected of phoenixing unfairly sacked a worker who complained about unpaid superannuation, before threatening to kill a director.
The AAT has accused the Attorney-General's Department of "studied ambiguity" in finding it mistakenly denied a worker up to $23,600 under the FEG scheme because his insolvent employer neglected to contribute to an industry entitlements fund.
The Morrison Government has cut back funding for the Fair Entitlements Guarantee in the 2021-22 Federal Budget, but still expects an increase in claims as COVID-19 support for business is wound back and more employers go into liquidation.
A judge who took exception to a business being liquidated during an underpayment case was entitled to impose heavier penalties on the owners than sought by the FWO, an appeal court has found.
Unions have vowed to hold new Virgin Australia owner Bain Capital accountable for its promises, after they were among key creditors that backed a deed of company arrangement to complete the sale process for the stricken airline.
The AAT has overruled the Attorney-General's Department's refusal to make a FEG redundancy payment to a worker who claims she stayed on at the administrator's request to help with winding-down a failed company, but then had her retrenchment payout denied when employee numbers fell from 60 to below the eligibility threshold of 15.
A court has ordered that the Fair Work Ombudsman refund company directors any restitution made to former employees if the regulator is unable to track them down within 28 days.
Melbourne's Crown Casino is staring down calls to pay about $4.5 million in employee entitlements owed by the operator of a celebrity restaurant on its premises.
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.
The AAT has rebuffed a claim of unfair treatment under the Fair Entitlements Guarantee from a worker who claimed she missed out on a redundancy payment because of her loyalty and empathy in staying-on with a failed company as its employee numbers dropped below the small business threshold.
