IR Minister Christian Porter and a major food manufacturer have told the High Court that sick and carers leave must be calculated on average hours, not calendar days, in their challenge to a decision claimed to potentially leave employers an extra $2 billion out of pocket each year.
The FWC has issued a s418 order to stop 31 individual Orora Packaging employees taking unprotected industrial action in the form of "coordinated" personal leave that has shut down production lines.
RAFFWU is suing a McDonald's franchise that allegedly required workers to find a replacement if they took sick leave, told them they had to call in sick by 10pm the night before scheduled shifts and denied them proper breaks.
A full Federal Court has ruled today that a pair of 12-hour shift workers at a Cadbury chocolate factory are entitled to 10 calendar days of paid personal/carer's leave, rather than a lesser amount argued by their employer and the Federal IR Minister.
Phone calls overcome email troubles to keep dismissal claim alive; Retail, accommodation and food services lead part-time job growth: Report; Company to pay sacked worker after $1000 inducement fails to halt complaint.
Contested-facts dismissal case should have gone to hearing: Bench; Member's "significant error" in considering legal representation; FWC rejects employer's costs bid in Coty "ugly emails" case.
The FWC has criticised a company for fundamental failures of due process in a dismissal overseen by its HR function and warned that treating workers as human resources runs the risk of ignoring that they are "easily damaged" human beings "and when faulty they should be handled with more care than machines".
Leading employment law practitioners have predicted it is only a matter of time before Australia sees a test case similar to UK's recent landmark Uber decision which found drivers were employees, not contractors.
In a decision that canvasses how much assistance the FWC should provide to unrepresented parties, a full Federal Court has found an employer was not denied procedural fairness when the FWC dismissed an appeal notice that was more "diatribe" than pleading and didn't tell the employer to fix it.
An employee who suffered a venomous spider bite that required her to be hospitalised has failed to secure extended sick leave after the FWC ruled her medical condition wasn't "prolonged" or "serious" enough.
