Case law page 22 of 25

249 articles are classified in All Articles > Entitlements and standards > Case law


New FWC paper explores options for domestic violence leave

The FWC is seeking feedback by the end of this month on model terms for unpaid family and domestic violence leave in modern awards and whether the proposed entitlement should be extended to perpetrators, while it is giving parties more time to reply to a report on family-friendly work arrangements.

No wriggle room in FEG claims deadline: Tribunal

The AAT has confirmed it has no flexibility to extend Fair Entitlement Guarantee deadlines, knocking back a claim lodged two days after the prescribed 12-month limit.

Sacking after morning sickness unlawful: Court

A court has found an employer took unlawful adverse action against a pregnant worker when it sacked her for taking time off to manage morning sickness and other issues arising from her condition.


Refugee school cleaners unlawfully stood-down during holidays: Court

In a rare decision on stand-down provisions under the Fair Work Act, the Federal Court has ruled that a contractor failed to comply with its obligation to pay its permanent part-time school cleaners normally during the 16 weeks of school holidays.

Employer faces penalties after misrepresentation ruling

A court has found an employer underpaid a worker by more than $230,000 because it "recklessly disguised the true legal nature" of a 20-year-plus employment relationship by classifying him as an independent contractor.


Bench to examine employment abandonment clauses

FWC President Iain Ross has asked a full bench to review abandonment of employment clauses in six modern awards after a recent ruling that employers must take the "additional step" of ending the employment relationship when a worker walks off the job.

High Court refuses Anglo's special leave bid on cashing-out

Anglo Coal is facing a seven-figure backpayment, after the High Court refused to grant it special leave to appeal a finding that a subsidiary breached its enterprise agreement by failing to pay employees correctly when they cashed-out personal/carer's leave.