Browsing: Prosecution (553 items)


"Unwitting" contract termination reversed

In a first for the Fair Work Act's new road transport contractor regime, the FWC has ordered a courier company to enter into a new services contract with a parcel delivery driver after finding it "unwittingly" and unfairly terminated her previous one.


Executive refused special leave after improper disclosures

The High Court has refused special leave to appeal a ruling that a former chief commercial officer improperly disclosed supplier contacts after leaving his employer of ten years for its competitor.


$480K in penalties against habitual underpayer

A director repeatedly targeted by the FWO who "brazenly" continued operating businesses despite a restraining order and habitually and deliberately underpaid workers has been ordered to stump-up $479,000 in penalties against him and his companies.


Hidden affair with HR manager breached laws: ASIC

ASIC's pursuit of former Super Retail chief executive Anthony Heraghty over his alleged failure to disclose a relationship with the head of HR could flow through to influence how boards identify and manage personal conflicts of interest, says a leading commercial lawyer.



MEU bankrolling class action against BHP

The MEU is funding a class action against BHP for requiring on-hire production and maintenance crew to work public holidays, allegedly without making a reasonable request or telling them they could reasonably refuse, while the mining giant is challenging the legal principle at the heart of the case.


$177K fine after misleading watchdog over cashbacks

An accounting firm that knowingly misled a Fair Work Inspector investigating its exploitative cashback scheme has been ordered to pay total penalties of $177,000 by the Federal Circuit and Family Court.


Court postpones Asmar prosecution amidst capacity concerns

The Federal Court has pushed FWC general manager Murray Furlong's prosecution of Diana Asmar back to next month and asked to her to provide a neurologist's report to ascertain whether she "is capable of managing her own affairs in the proceeding".


AMIEU delegate wins further penalty bounty

A meat union delegate who has had hundreds of thousands of dollars in employer penalties paid into his union's coffers has added almost $90,000 more to his tally, this time from Woolworths.


Judge resists "crushing" fine for underpaying employer

A judge has questioned the FWO's "vigour" in seeking penalties against an "impoverished" dairy business whose owner is already struggling to make $300 weekly instalments to compensate an underpaid worker.


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