Case law page 24 of 25

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


$400,000-plus adverse action payout for worker shifted to part-time

The Federal Circuit Court has ordered a Mahjong club to pay more than $415,000 in compensation for breaching state and federal IR laws and engaging in adverse action when it moved a full-time tea attendant to a part-time role because of his workers' compensation claim.


Tribunal ruling a win for FIFO workers

An electrical contracting company on the Ichthys LNG project failed to comply with its agreement when it gave its FIFO employees notice of retrenchment immediately before a rest and recreation period, the FWC has ruled, in a decision with implications for employers of non-residential workforces.


Appeal court rules on annual leave payouts

A full Federal Court has confirmed that annual leave owed to workers on termination of employment must be paid out at the same rate they would have received had they taken it while still working.

Bench preserves existing TOIL overtime rate-friendly awards

A FWC full bench has refused an AiG bid to delete provisions for time-off-in-lieu (TOIL) and make-up pay at overtime rates from 10 modern awards, but has proposed a new model TOIL term for all modern awards that don't have one.


"Mistaken or negligent" parental leave restriction costs employer $170,000

A company's parental leave policy – which breached the NES by making unpaid parental leave only available to "primary" caregivers - has cost it $170,000 in the unpaid wages and redundancy pay that an employee would have received if he had been allowed to access the leave and its flow-on benefits.

Court orders visa-breaching employer to pay $100,000 in restitution

Five weeks after ordering Darwin-based Choong Enterprises to pay the largest-ever court-imposed fine for breaching 457 visa sponsorship obligations, the Federal Court has directed the company to backpay seven of the Filipino workers involved a total of more than $100,000.

Big fine for employer with "cavalier attitude"

In one of the last wages and entitlements cases pursued by the FWBC, a building subcontractor that used a labour-hire company to distance itself from it employment obligations has been fined $145,000 and ordered to backpay $150,000 to more than a dozen workers.