Shine and RAFFWU are preparing a class action against KFC to win compensation for potentially tens of thousands of workers allegedly denied proper rest breaks, weeks after the Federal Court slammed the SDA over its approach to McDonald's rest breaks litigation and decided its case should run concurrently with an earlier Shine/RAFFWU proceeding.
In a significant decision on directors' liability for underpayments, a court has found that although the co-founder of Chatime was unaware the bubble-tea chain was in breach of workplace laws, he understood enough about award obligations around casual and weekend penalty rates to be considered complicit.
Large corporates and universities accounted for almost two-thirds of the $509 million in unpaid wages and entitlements recovered by the FWO in 2022-23 on behalf of more than 250,000 workers, the workplace watchdog revealed today.
A FWO bid to piggyback a compliance notice breach case with underpayment orders has been upended by a court, which observed that merging the two pathways would "undermine" the Fair Work Act's integrity.
A court has limited to about $100,000 the fines it has imposed on an underpaying, now-shuttered labour hire company after accepting that it unintentionally broke the law and that its embarrassed founder is "appropriately remorseful".
In a decision highlighting the difficulties that can arise from agreement clauses linked to awards and the NES, the FWC has handed back Simplot workers' arbitration rights for casual conversion disputes but removed mention of their entitlement to access permanency after nine months.
The AiG says the FWC should take into account the Budget's substantial cost-of-living relief for the low-paid in granting an increase no higher than 3.8% in this year's minimum wage case, while the Albanese Government says there are "no signs" of a wage-price spiral and reiterates its view that the real wages of low-paid workers should not "go backwards".
A Federal Court majority has today dealt a hammer blow to NSW's and Victoria's pursuit of employers alleged to have avoided long service leave entitlements to casuals, ruling that a tribunal's reading of the Fair Work Act's LSL provision produced an "absurdity" whereby employers received "no warning" they could be held criminally liable for supposed non-payments.
Underpaying employers could face fines of more than $4 million or three times the sum involved, while individuals such as directors and HR managers could face imprisonment and penalties up to $825,000 per breach under further wage theft reforms being considered by the Albanese Government.
A dumpling chain's HR manager was knowingly concerned in its Fair Work Act contraventions and "did not simply act as a conduit", the Federal Court has held in a liability judgment, finding she also instructed and trained a colleague in a payroll scam using both accurate and inaccurate records.