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.
An FWC full bench has quashed a decision to reduce a $12,000 retrenchment payout to zero, ruling that the Fair Work Act's "incapacity to pay" provisions don't apply when the entitlement arises from a source such as an award.
IT giant IBM has backpaid about 1650 workers more than $12.3 million after it failed to provide award entitlements to workers it regarded as "salaried professionals", while it faces a "contrition payment" of at least $676,000 under an enforceable undertaking with the workplace watchdog.
The FWC has rejected a company's objections and given the go-ahead for a worker who settled a general protections claim to use its response in that matter to run an underpayments case in the South Australian Employment Tribunal.
"Extraordinary expenditure of no credit to anybody": Judge; Worker backpaid $224K as public corporation admits underpayments; ALLA webinar on pandemic's IR impact.
A federal court judge has in fining an underpaying juice shop operator almost $35,000 flatly rejected "cultur[al] differences" as a mitigating factor, lamenting instead the frequency with which ethnically diverse employers exploit their own communities.
In a significant decision on FWO investigative powers under recent laws stiffening protections for vulnerable workers, the Federal Court has rejected a franchisor's bid to have declared void a notice to produce documents created before the legislation came into force.
Days before SA's largest private employer is due to defend a class action on behalf of thousands of its convenience store workers, a tribunal has in awarding almost $65,000 in penalties to an underpaid console operator found it still at risk of non-compliance.
The NTEU says it is preparing a "wave of class actions" and will "open the rule book" in pursuing other avenues to recover millions of dollars in underpayments on behalf of highly casualised university employees.