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FWC deep-dives on nature of work

The importance of 'choice versus direction' in determining whether employees are working or not has been highlighted in an FWC decision considering the case of boat masters and crew having their unpaid meal breaks interrupted to assist passengers on multi-day dive trips.

$10K for manager sacked while on sick leave

A home improvement company had a valid reason to sack a business manager who recklessly approved credit for a struggling customer, but the FWC has held that its process in dismissing him while on sick leave rendered it unfair.


Bank not in deal breach despite IT worker's cloud-based fears

An IT specialist with a major bank has failed to persuade the FWC that deployment to a new cloud-first role represented an agreement breach because it placed unreasonable demands on his fading capacity to learn.

Tech giant can't retrospectively cap sales commissions: Court

Hewlett Packard must pay an overperforming sales executive more than $370,000 to honour a decade-old unpaid bonus, after the technology giant failed to establish that it can retrospectively cap commissions if employees substantially exceed targets.

ROC seeks to correct AWU raids ruling

In the ROC's appeal against the Federal Court ruling that invalidated its probe into the AWU's donations to Get Up, it claims the trial judge misconstrued prosecution time limits and misunderstood what constitutes "reasonable grounds" for the watchdog to start an investigation.

R&R counts towards minimum employment period: FWC

A casual FIFO worker has been cleared to pursue an unfair dismissal claim despite the employer arguing that half of his seven months with them was taken up with unpaid R&R.


Mondelez and Porter put their case to High Court

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.