Case law page 9 of 25

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


On-demand award stumbles at threshold

Menulog appears to have suffered a self-inflicted wound in its quest to establish a gig economy beachhead within the existing IR framework, the FWC finding its workers fall under an award that pays more than the one it currently relies upon.

McDonald's workers fed "c-ck and bull story" about breaks : SDA

McDonald's is facing fresh claims it deliberately denied paid rest breaks to thousands of workers in its own restaurants, with the fast food behemoth already up against a class action and multiple cases accusing it of conspiring with franchisees on the issue.

Deal torpedoed after employer's "disingenuous" statement

The FWC has waved away as "disingenuous" an employer's claim that it would be left with no employees if it offered award-level entitlements in a proposed deal, observing that various guarantees and undertakings are no substitute for the detail needed to properly conduct a BOOT assessment.

FWC ends cruise ship worker's time in pandemic dry dock

The FWC has ordered stevedoring giant Qube to offer redundancy to a Sydney-based employee unable to work since cruise ships stopped operating in early 2020, accepting that alternative work in Wollongong would be "a huge disruption" to his family life.

FEG entitlement not dependent on employer's contributions: AAT

The AAT has accused the Attorney-General's Department of "studied ambiguity" in finding it mistakenly denied a worker up to $23,600 under the FEG scheme because his insolvent employer neglected to contribute to an industry entitlements fund.

Time's up for zombie deals: FWC

The FWC has warned employers that the "clock is ticking" for Work Choices "zombie" agreements in rebuffing a large employer's bid to keep a 2008 flat-rate deal operating until May or June, coinciding with the 10-year anniversary of its nominal expiry.

McDonald's faces class action over allegedly unpaid breaks

McDonald's has been hit with a second Federal Court case over its alleged failure to provide paid rest breaks, with a RAFFWU-backed class action claiming thousands of past and present workers are potentially owed millions over the "systemic" issue.

IBM exec's redundancy challenge reveals $27K overpayment

A former IBM chief financial officer claiming she was underpaid $101,000 in redundancy entitlements based on transitional arrangements for "Telstra heritage employees" was in fact overpaid by $27,000, a court has held.

Bank faces criminal charges over alleged LSL underpayments

The National Australia Bank is facing criminal charges that it failed to pay long service leave entitlements to casual employees in Victoria, as the State's wage theft watchdog continues its pursuit of big employers.

FWO falls short in contractor case

A court has thrown out an FWO underpayment case on behalf of four delivery drivers it argued were employees rather than independent contractors, the judge narrowly finding that all parties intended to operate at arm's length when originally formalising their relationship.