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


Hot Wok costs rejected as judge ponders "pessimistic" approach

A Federal Court judge has speculated that he might have been "overly pessimistic" when he rejected suggestions that a FWC full bench displayed bias when sharing with parties its concerns about an already-approved agreement.


Full court blows hole in states' LSL cases

A Federal Court majority has today dealt a hammer blow to NSW's and Victoria's pursuit of employers alleged to have avoided long service leave entitlements to casuals, ruling that a tribunal's reading of the Fair Work Act's LSL provision produced an "absurdity" whereby employers received "no warning" they could be held criminally liable for supposed non-payments.

Thiess offers $850K to settle travel time case

FIFO workers employed on a remote LNG project a decade ago stand to split more than $850,000 after pursuing payment for the time it took to be bussed from their crib hut to a security gate at the end of each shift.

Employsure bullied me after parental leave request: Claim

Employsure has rejected a sales worker's claims that it subjected him to discrimination, bullying and coercion after he applied for parental leave and challenged a claimed unilateral downgrading of employees' conditions, and says it does not know how a record he kept of his treatment came to be destroyed.

IR statutes prefer registered unions: SDA

Australian workplace laws have a "legislative preference" for registered unions to act as a "specific vehicle" for workers seeking to enforce their rights under industrial instruments, the Federal Court has heard.



Judge criticises watchdog's pursuit of "excessive" fines

A judge has criticised the FWO for seeking "excessive" penalties against two restaurant businesses and reduced the penalties from the $250,000 the FWO sought to just $32,000 after it emerged that their director is broke and had been contemplating suicide.

HR managers lack "quite specific" advocacy skills: FWC

A 63-year-old worker's summary "time theft" sacking has been upheld after the FWC ruled that his multinational employer's HR team lacked the firepower to argue its case against a union's experienced industrial advocate.