Browsing: Institutions, tribunals, courts

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"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.


Redundancy halved after refusal to move to "sh-thole"

The FWC has slashed a long-serving worker's redundancy payment from 12 weeks to six, after finding that he unreasonably declined a job offer with additional benefits that compensated for a longer commute to a location he derided as a "sh-thole".


Bench chars SDA challenge to Grill'd deal extension

In a ruling on little-considered Secure Jobs Act amendments, a FWC full bench has today upheld a decision to allow the Grill'd Norwood deal to continue operating for a further 90 days, finding the agreement's "inferior" conditions "weighty", but the hiatus before termination within the Commission's discretion.


Sacked Google engineer left searching for answers

A former Google software engineer who accused the tech giant's HR staff of bullying will not get to pursue it for adverse action after the FWC comprehensively rejected claims that two law firms and two barristers were to blame for a five-month delay in filing her case.


"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.


First unfair termination case hits roadblock

In the FWC's first ruling on new laws enabling road transport contractors to contest termination, the FWC has ruled that a director of a delivery company cannot make a claim because he did not perform a "significant majority" of the work, delegating it to others instead.


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.


Extra night shifts do not justify strikes: FWC

The FWC has ordered a health and safety representative to stop organising unprotected strikes for workers maintaining Sydney's trains, after finding no evidence that they faced immediate dangers from an increase in night shifts.


No pulse on proposed health deal: FWC

The FWC has closely considered its new discretion to overlook minor procedural or technical shortcomings in making of agreements before finally rejecting a proposed deal it "reluctantly" declined to wave through initially because the employer failed to explain negative aspects for some workers.


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