Browsing: Legislation | Page 2 (74 items)


Lawyers superfluous in vax case: FWC

A large employer had no need to pay for external lawyers when it could have relied on its HR team to argue against a former employee's "straightforward" vaccination case, the FWC has found.


Workers on $170K not "guaranteed" high income: Court

A major mining company should have paid untaken sick leave to 20 retrenched employees, the Federal Court has ruled, in a judgment closely examining how the Fair Work Act's high-income threshold applies to annualised salaries.


No IR protections for sacked public health CEO: Court

A former public health service chief executive who claimed discrimination on the basis of "severe depression" has failed to overturn a tribunal's finding that it lacks the power to hear his bid for reinstatement and compensation.


State laws no cap on compensation for "broken" worker: Judge

A Federal Court judge has affirmed the primacy of federal over state laws in determining that NSW workers compensation caps did not shackle the amounts he could award to a long-serving manager whose life was "effectively destroyed" by a new chief executive.


Pay cut not a dismissal: FWC bench

In a significant decision regarding the statutory meaning of "dismissed", a five-member FWC bench majority has ruled that an employer did not sack a worker when it shaved almost 10% off his annual pay for disciplinary reasons.


Vax mandate attached new "regulatory requirement" to job: FWC

In a thinly-veiled shot at a tribunal colleague who used her position to criticise vaccine mandates, a senior FWC member has emphasised that it is not for the Commission to undermine the law by entertaining parties' "alternative policy preferences".


State tribunal can consider police officer's dismissal: High Court

In an important ruling on the NSW IRC's jurisdictional powers, the High Court has found that a since-repealed provision did not prevent the State tribunal considering a police officer's unfair dismissal case that challenged his forced retirement on medical grounds.


Law student's challenge to COVID-19 sacking binned

The FWC has thrown out an unfair dismissal case brought by a law student sacked from a full-time job as a legal assistant for failing to get a COVID-19 jab, finding she did not complete the required minimum employment term after taking time off to sit exams.


FEG entitlement not dependent on employer's contributions: AAT

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.


Bench ponders the meaning of "dismissed"

A five-member FWC bench has reserved its decision in a case with far-reaching implications regarding when workers can be said to have been dismissed.


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