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183 articles are classified in All Articles > Pay and remuneration > Case law


Employers embrace expansive loaded rates agenda

The Australian Hotels Association has proposed ahead of further conferences next week in the loaded rates case that the FWC extend the range of ordinary working hours when it considers simplified pay arrangements for the hospitality and retail sectors.

Tribunal backs workers after virus-driven stand down

The FWC has ordered an aged care provider to restore leave days to employees it directed to stay away from work over COVID-19 transmission fears, observing "it's just the right thing to do".

MacBank's defective pay system an easy spot: Court

Macquarie Bank's HR department designed a defective pay system that a competent IR lawyer would have quickly identified, the Federal Circuit Court has held in fining the bank $330,000 on top of $1.3 million in compensation owing to wealth advisors.

Serial underpayer slugged $230K in first "serious contravention" case

The FWO has won its first "serious contravention" penalties three years after the provisions were added to the Fair Work Act, a café and its former general manager fined a total of $230,000 on their second visit to court for underpaying workers.

$31K fine for economist workers couldn't count on

A 61-year-old former economics professor has been fined $31,000 for underpaying two visa holders employed at a Korean grocery, a court finding he deliberately arranged for them to receive as little as $10 an hour.

Accountant fined more per breach than underpaying directors

An accountancy firm that created and gave the FWO false records covering up a massage parlour's underpayments must pay more per breach than the family-run employer, which has been fined about 10% of the penalties sought by the workplace watchdog.

Bonus smokes supervisor's dismissal claim

A marijuana-smoking supervisor who allegedly resigned after declining a drug test has had his unfair dismissal claim thrown out because a "project uplift" allowance of at least 25% counted as earnings that pushed him beyond the high-income threshold.

Qantas weighing appeal against JobKeeper ruling

Qantas is considering a challenge to a Federal Court interpretation today of JobKeeper payment rules that will require it to backpay employees who received penalty rates in arrears while covered by the wage subsidy scheme.

DJ not in tune with award: Court

The Federal Circuit Court has expressed "hesitation and regret" in accepting that while a DJ was a casual rather than an independent contractor, his underpayments claim must fail as his work was not covered by an award.

Macquarie Bank contests advisors' commission-only claim

The latest tranche of Macquarie Bank wealth advisors to sue for alleged underpayments continue to maintain they were paid under commission-only arrangements despite the bank's insistence this was paid on top of a base salary.