Viewing all articles in "Institutions, tribunals, courts" which contains 14 sub-topics, select one from the list below to further narrow your browsing.
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.
An Amazon Flex driver's late bid to challenge his deactivation for entering a home can proceed after a FWC full bench weighed the gig company's "confusing and ambiguous" communications and the driver's personal circumstances that included suicidal ideation and a sick wife.
Employers and unions are urging the FWC in its self-initiated test case to insert WFH provisions in the clerks award, but are starkly divided on whether workers should have a right to request, while academics back extending it to all – with protections – to boost equity.
In a case highlighting the "obvious danger" of relying on artificial intelligence for legal advice, the FWC has refused to extend time for a "hopeless" 900-day late dismissal challenge written by and filed on the suggestion of ChatGPT.
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.
FWC President Adam Hatcher has conceded the tribunal can juggle only so many balls, placing on ice its scrutiny of potential gender bias in awards' overtime provisions after the publication of an internal research paper.
A former Matildas star and Olympian was not forced to resign from her job at a remote gas facility because of alleged "microaggressions" that included being assigned "non-complex work" and persistent references to "fellas" and "gents", the FWC has found.
A FWC full bench has dived into the legislative intent behind several key Fair Work Act provisions to find that a presidential member should have determined whether Corrections Victoria "in fact" dismissed a prison officer when it demoted and transferred him, instead of making her extension of time decision on the "assumption" it sacked him.
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.
