A lawyer has been fined $2400 and her eponymous firm a further $12,000 after a judge highlighted her "unreasoned and unreasonable" belief that the FWO wrongly concluded that it underpaid a legal secretary.
A judge has rejected a sales director's claim that his employer sacked him within hours of him telling his manager he intended to take unpaid parental leave on the birth of his two surrogate children.
The FWC has found that a company's failure to meet modern IR standards, including its HR manager's attempt to "retrospectively" dismiss a security investigator, provided the necessary exceptional circumstances to accept her late unfair dismissal application.
Despite warning of an "unbounded period" of entitlement, DEWR has failed to overturn an AAT finding that a real estate salesperson is eligible for FEG payments reflecting sales commissions that did not fall due until properties settled after the 13-week statutory window.
An employer has failed to establish that it genuinely made a software engineer redundant, in part because it should have offered her a lower-paying job available at a related entity in India.
A Fair Work Commission full bench has upheld a finding that a labour hire company must make redundancy payments to a dozen employees, detailing the steps made by its chief people officer but ruling it didn't do enough to procure alternative employment for its workforce.
A long-serving former employee of a company that deliberately restructured to offload severance obligations onto the publicly-funded FEG scheme has had his redundancy payout substantially increased, after the AAT ruled that a "grand chapel" deal with the AMWU "grandfathered" generous provisions in an earlier enterprise agreement.
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.
A finding that the FWC cannot keep dealing with disputes brought under old agreements once a new deal comes into effect has produced "arbitrary, anomalous and nonsensical outcomes" and is wrong, a full bench has held, calling for an amendment to the Fair Work Act to reflect the new precedent.
